MALVO v. STATE

No. 29, Sept. Term, 2021.

281 A.3d 758 (2022)

481 Md. 72

Lee Boyd MALVO v. STATE of Maryland.

Court of Appeals of Maryland.

August 26, 2022.


Attorney(s) appearing for the Case

Argued by Kiran Iyer , Assigned Public Defender ( Celia Davis , Asst. Public Defender, Paul B. DeWolfe , Public Defender of Maryland, Baltimore, MD), on brief, for Appellant.

Argued by Carrie J. Williams , Asst. Atty. Gen. ( Brian E. Frosh , Atty. Gen. of Maryland, Baltimore, MD), on brief, for Appellee.

Amicus Curiae Victim's Representative Nelson Rivera: Victor Stone, Esquire , Maryland Crime Victim's Resource Center, Inc., 1001 Prince George's Boulevard, Suite 750, Upper Marlboro, MD 20774.

Amici Curiae the Juvenile Law Center, the Charies Hamilton Houston Institute for Race and Justice, the Center on Race, Inequality, and the Law at the N.Y.U. School of Law, the Fred T. Korematsu Center for Law and Equality; and the Sentencing Project: Booth Marcus Ripke, Esquire , Nathans & Biddle, LLP, 120 East Baltimore Street, Suite 1800, Baltimore, MD 21202, Marsha L. Levick, Esquire , Juvenile Law Center, 1800 JFK Blvd, Suite 1900B, Philadelphia, PA 19103.

Amicus Curiae Roderick & Solange MacArthur Justice Center: Andrew D. Levy, Esquire , Anthony J. May, Esquire , Brown, Goldstein & Levy LLP, 120 East Baltimore Street, Suite 2500, Baltimore, MD 21202, David M. Shapiro, Esquire , Roderick & Solange MacArthur Justice Center, Northwestern Pritzker School of Law, 375 East Chicago Avenue, Chicago, IL 60611.

Counsel for Amicus Curiae the National Association of Criminal Defense Lawyers: William Friedman, Esquire , Samir DegerSen, Esquire , Tyce R. Walters, Esquire , James A. Tomberlin, Esquire , Jansen VanderMeulen, Esquire , Latham & Watkins LLP, 555 Eleventh Street N.W., Suite 1000, Washington, DC 20004, David B. Smith, Esquire , Vice-Chair, Committee National Association of Criminal Defense Lawyers, 1660 L Street, N.W., Washington, DC 20036.

Argued before: Getty, C.J., McDonald, Watts, Hotten, Booth, Biran, Gould, JJ.


To be legal, a sentence in a criminal case must be consistent both with the law governing the offense for which the defendant was convicted and with the Eighth Amendment's proscription against "cruel and unusual" punishments. During the past two decades, the United States Supreme Court has...

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