STATE v. CLEMENTS

No. 57, Sept. Term, 2017

192 A.3d 686 (2018)

461 Md. 280

STATE of Maryland, v. Phillip James CLEMENTS.

Court of Appeals of Maryland.

August 29, 2018.


Attorney(s) appearing for the Case

Argued By Robert Taylor, Jr. , Asst. Atty. Gen. ( Brian E. Frosh , Atty. Gen. of Maryland, Baltimore, MD), on brief, for Petitioner.

Argued By Brian M. Saccenti , Asst. Public Defender (Office of the Public Defender of Maryland, Baltimore, MD), on brief, for Respondents.

Amicus Curiae for Juvenile Law Center; Juvenile Sentencing Project, Legal Clinic, Quinnipiac University School of Law; and The Sentencing Project: Booth Ripke, Esquire , Nathans & Biddle LLP, 120 E. Baltimore Street, Suite 1800, Baltimore, MD 21202, Marsha L. Levick, Esquire , Juvenile Law Center, 1315 Walnut Street, 4th Floor, Philadelphia, PA 19107.

Amicus Curiae for Present and Former Juvenile Lifers: Renée M. Hutchins, Esquire , Michael Pinard, Esquire , University of Maryland Carey School of Law, 500 W. Baltimore Street, Suite 360, Baltimore, MD 21201-1786.

Amicus Curiae for University of Baltimore Juvenile Justice Project: Lila N. Meadows, Esquire , Jane C. Murphy, Esquire , Juvenile Justice Project, University of Baltimore School of Law, 1420 N. Charles Street, Baltimore, MD 21201.

Amicus Curiae for Criminal Justice Clinic at American University's Washington College of Law: Binny Miller, Esquire , American University, Washington College of Law, 4300 Nebraska Avenue, NW, Suite 265, Washington, DC 20016.

Amicus Curiae for Calvin McNeill, Nathaniel Foster, Kenneth Tucker, Maryland Restorative Justice Initiative and ACLU of Maryland: Sonia Kumar, Esquire , Deborah Jeon, Esquire, ACLU of Maryland, 3600 Clipper Mill Road, Suite 350, Baltimore, MD 21211.

Amicus Curiae Brief for Crime Victim: Victor D. Stone, Esquire , Russell Butler, Esquire , Maryland Crime Victims' Resource Center, 1001 Prince George's Boulevard, Suite 750, Upper Marlboro, MD 20904.

Argued Before: Barbera, C.J., Greene, Adkins, McDonald, Watts, Hotten, Getty, JJ.


In 1989, Respondent Phillip James Clements was convicted of three counts of first-degree murder, two counts of attempted first-degree murder, and other crimes arising from the same incident. He was seventeen years old at the time of the murders, trial, and sentencing. He was sentenced to five consecutive life sentences with the possibility...

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