Maryland court rules DC-area sniper to be resentenced

In its 4-3 ruling, however, the Maryland Court of Appeals said it’s very unlikely Malvo would ever be released from custody, because he is also serving separate life sentences for murders in Virginia.Sign up to receive daily headline news from Ottawa Citizen, a division of Postmedia Network Inc.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc. You may unsubscribe any time by clicking on the unsubscribe link at the bottom of our emails.

“We hold only that the Eighth Amendment requires that he receive a new sentencing hearing at which the sentencing court, now cognizant of the principles elucidated by the Supreme Court, is able to consider whether or not he is constitutionally eligible for life without parole under those decisions,” McDonald wrote.

The ruling said Malvo’s sentence was “consistent with the pertinent State statute and with the advisory State sentencing guidelines at that time.” The ruling also noted that the Supreme Court has held that the legal constraint applies retroactively and applies to Malvo’s case.

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