LeBLANC v. MATHENA

No. 15-7151.

DENNIS LeBLANC, Petitioner-Appellee, v. RANDALL MATHENA, Chief Warden, Red Onion State Prison, Pound, Virginia; COMMONWEALTH OF VIRGINIA, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided November 7, 2016.

Amended November 10, 2016.


Attorney(s) appearing for the Case

ARGUED: Stuart Alan Raphael , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellants. Bryan A. Stevenson , EQUAL JUSTICE INITIATIVE, Montgomery, Alabama, for Appellee.

ON BRIEF: Mark R. Herring , Attorney General of Virginia, Linda L. Bryant , Deputy Attorney General, Criminal Justice & Public Safety Division, Donald E. Jeffrey, III , Senior Assistant Attorney General, Eugene P. Murphy , Senior Assistant Attorney General, Katherine Quinlan Adelfio , Assistant Attorney General, Trevor S. Cox , Deputy Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellants. Jennifer T. Stanton , J.T. STANTON, P.C., Norfolk, Virginia; Randall S. Susskind , Jennae R. Swiergula , Stephen Chu , EQUAL JUSTICE INITIATIVE, Montgomery, Alabama, for Appellee.

Affirmed by published opinion. Judge Wynn wrote the opinion, in which Judge Johnston joined. Judge Niemeyer wrote a dissenting opinion.


Graham v. Florida, 560 U.S. 48, 74 (2010), held that "the Eighth Amendment forbids the sentence of life without parole" for juvenile offenders convicted of nonhomicide offenses. Accordingly, the Supreme Court held that States must provide juvenile nonhomicide offenders sentenced to life imprisonment with...

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