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DIATCHENKO v. DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT

No. SJC-11688

471 Mass. 12 (2015)

GREGORY DIATCHENKO & another v. DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT & others. COMMONWEALTH v. JEFFREY S. ROBERIO.

Supreme Judicial Court of Massachusetts, Suffolk.

March 23, 2015.

Attorney(s) appearing for the Case

Benjamin H. Keehn , Committee for Public Counsel Services, for Gregory Diatchenko & another.

Robert C. Thompson , Assistant District Attorney, for the Commonwealth.

Amy L. Karangekis , Assistant Attorney General, for Massachusetts Parole Board.

John P. Zanini , Assistant District Attorney, for District Attorney for the Suffolk District.

The following submitted briefs for amici curiae:

Kenneth J. Parsigian for Citizens for Juvenile Justice & others.

David J. Apfel , Kristen A. Kearney , Kunal Pasricha , & Katherine Connolly Sadeck for Campaign for the Fair Sentencing of Youth & others.

Afton M. Templin for Massachusetts Association of Criminal Defense Lawyers.

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

In Diatchenko v. District Attorney for the Suffolk Dist., 466 Mass. 655 (2013) (Diatchenko I), this court considered the constitutionality of a life sentence without parole when applied to a juvenile homicide offender,3 and, following Miller v. Alabama...

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