Elliott v. State (Majority)
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The Supreme Court affirmed the order of the circuit court resentencing Appellant to a term of life imprisonment, holding that the circuit court did not err in denying Appellant's resentencing motion, permanent-incorrigibility instruction, or witness testimony.
Appellant was sixteen years old when he committed the crime that led to his conviction for capital murder. Appellant received a mandatory sentence of life imprisonment without the possibility of parole. After Miller v. Alabama, 567 U.S. 460 (2012), was decided, Appellant's sentence was vacated. On remand, the circuit court resentenced Appellant to a sentence of life imprisonment. The Supreme Court affirmed, holding that the circuit court (1) did not err in denying Appellant's "Motion to Determine the Appropriate Procedure and Sentencing Range for Resentencing"; (2) did not abuse its discretion in refusing Appellant's permanent-incorrigibility jury instruction; and (3) did not err in sustaining the State's objection to a witness's testimony comparing Appellant's rehabilitation to that of other inmates.
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