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COMMONWEALTH v. BROWN

SJC-11454

466 Mass. 676 (2013)

COMMONWEALTH v. MARQUISE BROWN.

Supreme Judicial Court of Massachusetts, Middlesex.

December 24, 2013.

Attorney(s) appearing for the Case

Michael A. Kaneb , Assistant District Attorney ( Christopher M. Tarrant & Robert J. Bender , Assistant District Attorneys, with him) for the Commonwealth.

Barbara Kaban , Committee for Public Counsel Services, for the defendant.

The following submitted briefs for amici curiae:

Marsha L. Levick , Emily C. Keller , & Lauren A. Fine , of Pennsylvania, for Juvenile Law Center & others.

Timothy J. Cruz , District Attorney, & Robert C. Thompson , Assistant District Attorney, for District Attorney for the Plymouth District.

David J. Apfel & Kunal Pasricha for American Civil Liberties Union of Massachusetts & others.

Kenneth J. Parsigian , Steven J. Pacini , & Amy E. Feinman for Citizens for Juvenile Justice & others.

John J. Barter for Herby J. Caillot.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

SPINA, J.

This case is before us on a reservation and report from a single justice. We must determine the effect of the United States Supreme Court's recent decision in Miller v. Alabama, 132 S.Ct. 2455 (2012), on the sentencing of juvenile defendants1 convicted of murder in the first degree under G. L. c. 265, § 1.2 In Miller, the Supreme Court held that...

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