U.S. Supreme Court may hear Illinois case on life sentences for juvenile offenders

U.S. Supreme Court may hear Illinois case on life sentences for juvenile offenders

By SARAH MANSUR
Capitol News Illinois
smansur@capitolnewsillinois.com

SPRINGFIELD — Lawyers for an Illinois man who was sentenced to 130 years for a murder when he was 16 years old are asking the U.S. Supreme Court to clarify how life sentences for juveniles should be reevaluated in light of recent U.S Supreme Court decisions against that practice.

Ashanti Lusby’s lawyers petitioned the U.S. Supreme Court last month to hear Lusby’s case challenging his sentence as unconstitutional cruel and unusual punishment, based on two recent U.S. Supreme Court’s decisions, Miller v. Alabama in 2012 and Montgomery v. Louisiana in 2016.

In the Miller case, the court ruled that mandatory life sentences without parole for juvenile homicide offenders are unconstitutional because it qualifies as cruel and unusual punishment. The court decided that children are different than adults for the purposes of mandatory life sentences because such sentences pose “too great a risk of disproportionate punishment.”

In the Montgomery case, the court clarified that its decision in the Miller case can be applied retroactively, and “requires a sentencer to consider a juvenile offender’s youth and attendant characteristics before determining that life without parole is a proportionate sentence,” according to the opinion.

Lusby’s 130-year sentence for the 1996 rape and murder of elementary school teacher, Jennifer Happ, in Joliet was not a mandatory sentence, but it is a de facto life sentence because it amounts to a lifetime in prison.

In October, Lusby exhausted his legal avenues in Illinois when the Illinois Supreme Court ruled in a 6-1 decision that his 2002 sentencing hearing did not violate U.S. Supreme Court case law because the sentencing judge sufficiently considered his age and factors related to his youth.

In their petition to the U.S. Supreme Court, Lusby’s lawyers argued that the court should clarify the procedures for reconsidering actual and de facto life sentences for juvenile offenders who were sentenced before the protections in the Miller and Montgomery cases were established.

Since those decisions were issued, state courts have varied widely in their application of the precedents on sentences imposed before 2012, the petition states.

For example, in 30 states and Washington, D.C., all juveniles sentenced to life in prison without parole prior to Miller are now either automatically entitled to a new sentencing hearing or have become eligible for parole or judicial modification of their sentence.

In other states, juvenile homicide offenders are not eligible for parole and are not afforded automatic review of their sentences. Those states also have differing approaches for handling juvenile resentencing in cases decided before 2012.

Two years ago, the Illinois General Assembly changed the law to allow certain offenders under age 21 to be eligible for parole after 10 years, and certain individuals convicted of murder to be eligible for parole after 20 years.

However, the law does not apply retroactively. 

“Applying Miller and Montgomery, juveniles must be given some sort of process by which they can present and the court can consider factors related to their youth in light of what we now know based on Miller,” Lusby’s lawyers wrote in their petition to the U.S. Supreme Court. “The practice of Illinois and other States that does not require that the record show that the trial court who sentenced a juvenile homicide offender to (life with the opportunity for parole) prior to Miller actually considered the offender’s youth and attendant characteristics fails to ensure that basic constitutional mandate.”

At the time of the crime, Lusby had a criminal record that included violent offenses and was expelled from school due to his participation in a gang. His sisters were also involved in crime, and their father was absent from their lives, the petition states.

These details about Lusby’s home life and background should have received greater scrutiny from Lusby’s sentencing judge and carried more weight in determining Lusby’s sentencing, his lawyers argued.

“But, again, nothing about Lusby’s background – or his inability to extricate himself from those surroundings as a 16-year-old – was considered by the court before sentencing Lusby to die in prison,” the petition states. “A proper Miller hearing would take into account this evidence, unlike the hearing received by Lusby prior to Miller.”

Lusby is represented by lawyers with the Illinois Office of the State Appellate Defender, including Douglas R. Hoff.

A spokesperson for the Attorney General’s Office, which represents the state in this case, did not comment.

The state’s response to Lusby’s petition is due July 2.

 

Capitol News Illinois is a nonprofit, nonpartisan news service covering state government and distributed to more than 400 newspapers statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.

Leave a Comment





Local News

BVball Stagg kill 10 alt

Boys Volleyball | Stagg ends Marist Invite with win over Riverside-Brookfield

Spread the love

Spread the loveBy Jason Maholy Sports Editor Stagg outlasted Riverside-Brookfield in a marathon first set, winning 36-34, then followed that with a 25-20 clincher on March 23 to finish seventh in the Silver divison at the 20th Marist RedHawks Invitational. The Chargers went 2-3 in the tournament. They opened pool play on March 22 at…

Shepard senior Jake Klein goes up for the kill against two Lincoln-Way East players during a match on March 22. Photo by Jason Maholy

Boys Volleyball | Shepard finishes 4th in Bronze at Marist Invite

Spread the love

Spread the loveShepard served as one of three host sites for the 20th Marist RedHawks Invitational, and kicked off play in Palos Heights by facing Lincoln-Way East on March 22. The Griffins defeated the Astros, 25-10, 25-15. Marian Catholic beat Shepard, 25-23, 25-9, in the Astros’ second match of the day. The Astros fell to…

The Obbie’s Pizza sign will remain a familiar sight on Archer Avenue. Taking time out for a photo are new owner John Caputi; his son, Giovanni; and Obbie’s longtime managers, Jim Triak and Jeff Twaragowski. --Photo by Cosmo Hadac

Obbie’s Pizza to stay ‘unique and delicious’

Spread the love

Spread the love. New owner vows to serve same popular menu .  By Tim Hadac Archer Avenue’s long-time king of pizzerias will continue to rule. Same recipes at Obbie’s Pizza, 6654 W. Archer. Same pizza and ingredients. Same pasta, broasted chicken, shrimp, perch, Italian beef/sausage/meatball sandwiches, sides and pop. Same seasoned, Middleby Marshall pizza oven…

countryside logo

Countryside City Council tackles long list of items

Spread the love

Spread the loveBy Steve Metsch Water leaks, a new truck and abandoned vehicles were among a laundry list of items tackled by the Countryside City Council at its latest meeting. They were all from the infrastructure committee chaired by Ald. Mark Benson (3rd). All of the following were approved by a unanimous 6-0 vote on…

Mahdi Ali (from left), Team AlBary, Ghina Albary, Abla Daoud, Minna Sulieman, Iman Ezzhory, Medinah Yusef,  and Argo Teacher Nadia Elkhatib. (Supplied photos)

Argo High School holds Iftar Dinner for community

Spread the love

Spread the loveBy Carol McGowan More than 100 people gathered at Argo Community High School last week for a now annual Ramadan Iftar dinner organized by Argo teacher Nadia Elkhatib. Elkhatib was happy with the turnout for those coming Thursday night to break bread with the school’s Muslim students and their families. “I will continue…

regional palos heights logo

Pool improvements advance in Palos Heights

Spread the love

Spread the loveBy Nuha Abdessalam Palos Heights aldermen last week approved contracts advancing improvements at the municipal pool. Alderman Jefry Key motioned for approval of a letter of agreement with the American Institute of Architects between Williams Architect and the City of Palos Heights for the pool improvement project. Since first proposing pool improvements in…

Palos Hills young people sang their hearts out for karaoke night at a neighborhood coffee house. (Photo by Nuha Abdessalam)

Teens enjoy Green Hills karaoke party

Spread the love

Spread the loveBy Nuha Abdessalam Palos Hills tweens and teens sang their hearts out for karaoke night at a neighborhood coffee house. Green Hills Library invited all tweens and teens for a karaoke night at Strange Brew Cafe on West 103rd Street and 87th Street on Feb. 22. Organized by Green Hill Library Youth Program…

Luis Garcia, of Oak Forest and the owner and chef of Cervantinos Authentic Mexican Restaurant #2, 12778 S. Harlem Ave., Palos Heights. (Photos by Kelly White)

Cervantinos Authentic Mexican Restaurant opens in Palos Heights

Spread the love

Spread the loveBy Kelly White When choosing a location for his second business location, Luis Garcia knew he wanted it to be Palos Heights. “I absolutely love it here,” Luis Garcia, of Oak Forest and the owner and chef of Cervantinos Authentic Mexican Restaurant #2, said. “It’s a great area, nice clientele and I’m happy…

The corner of Crandall and Depot in Worth will be the future site of the Garden Center Services apartment complex. (Photo by Joe Boyle)

Worth Polar Plunge raises record amount

Spread the love

Spread the loveBy Joe Boyle The FOP Worth Polar Plunge has been deemed a major success and local officials said the amount raised has set a new record. The annual event, sponsored by the Worth Police Department, took place in a large swimming pool that was put up in the parking lot of the Marrs-Meyer…

Kris Sumner, Youth Programming Librarian at Green Hills Public Library, is responsible for organizing the Eid Clothing Bazaar at the library, 10331 Interlochen Dr., Palos Hills. (Supplied photos)

Green Hills Public Library hosts Eid Clothing Drive

Spread the love

Spread the loveBy Kelly White The Islamic calendar has two major holidays each year: Eid al-Fitr, which marks the end of Ramadan and celebrates an entire month of fasting, and Eid al-Adha, the festival of the sacrifice that occurs during the culmination of the Hajj pilgrimage season. It takes place two lunar months after Ramadan.…

Neighbors

BVball Stagg kill 10 alt

Boys Volleyball | Stagg ends Marist Invite with win over Riverside-Brookfield

Spread the love

Spread the loveBy Jason Maholy Sports Editor Stagg outlasted Riverside-Brookfield in a marathon first set, winning 36-34, then followed that with a 25-20 clincher on March 23 to finish seventh in the Silver divison at the 20th Marist RedHawks Invitational. The Chargers went 2-3 in the tournament. They opened pool play on March 22 at…

Shepard senior Jake Klein goes up for the kill against two Lincoln-Way East players during a match on March 22. Photo by Jason Maholy

Boys Volleyball | Shepard finishes 4th in Bronze at Marist Invite

Spread the love

Spread the loveShepard served as one of three host sites for the 20th Marist RedHawks Invitational, and kicked off play in Palos Heights by facing Lincoln-Way East on March 22. The Griffins defeated the Astros, 25-10, 25-15. Marian Catholic beat Shepard, 25-23, 25-9, in the Astros’ second match of the day. The Astros fell to…

The Obbie’s Pizza sign will remain a familiar sight on Archer Avenue. Taking time out for a photo are new owner John Caputi; his son, Giovanni; and Obbie’s longtime managers, Jim Triak and Jeff Twaragowski. --Photo by Cosmo Hadac

Obbie’s Pizza to stay ‘unique and delicious’

Spread the love

Spread the love. New owner vows to serve same popular menu .  By Tim Hadac Archer Avenue’s long-time king of pizzerias will continue to rule. Same recipes at Obbie’s Pizza, 6654 W. Archer. Same pizza and ingredients. Same pasta, broasted chicken, shrimp, perch, Italian beef/sausage/meatball sandwiches, sides and pop. Same seasoned, Middleby Marshall pizza oven…

countryside logo

Countryside City Council tackles long list of items

Spread the love

Spread the loveBy Steve Metsch Water leaks, a new truck and abandoned vehicles were among a laundry list of items tackled by the Countryside City Council at its latest meeting. They were all from the infrastructure committee chaired by Ald. Mark Benson (3rd). All of the following were approved by a unanimous 6-0 vote on…

Mahdi Ali (from left), Team AlBary, Ghina Albary, Abla Daoud, Minna Sulieman, Iman Ezzhory, Medinah Yusef,  and Argo Teacher Nadia Elkhatib. (Supplied photos)

Argo High School holds Iftar Dinner for community

Spread the love

Spread the loveBy Carol McGowan More than 100 people gathered at Argo Community High School last week for a now annual Ramadan Iftar dinner organized by Argo teacher Nadia Elkhatib. Elkhatib was happy with the turnout for those coming Thursday night to break bread with the school’s Muslim students and their families. “I will continue…

regional palos heights logo

Pool improvements advance in Palos Heights

Spread the love

Spread the loveBy Nuha Abdessalam Palos Heights aldermen last week approved contracts advancing improvements at the municipal pool. Alderman Jefry Key motioned for approval of a letter of agreement with the American Institute of Architects between Williams Architect and the City of Palos Heights for the pool improvement project. Since first proposing pool improvements in…

Palos Hills young people sang their hearts out for karaoke night at a neighborhood coffee house. (Photo by Nuha Abdessalam)

Teens enjoy Green Hills karaoke party

Spread the love

Spread the loveBy Nuha Abdessalam Palos Hills tweens and teens sang their hearts out for karaoke night at a neighborhood coffee house. Green Hills Library invited all tweens and teens for a karaoke night at Strange Brew Cafe on West 103rd Street and 87th Street on Feb. 22. Organized by Green Hill Library Youth Program…

Luis Garcia, of Oak Forest and the owner and chef of Cervantinos Authentic Mexican Restaurant #2, 12778 S. Harlem Ave., Palos Heights. (Photos by Kelly White)

Cervantinos Authentic Mexican Restaurant opens in Palos Heights

Spread the love

Spread the loveBy Kelly White When choosing a location for his second business location, Luis Garcia knew he wanted it to be Palos Heights. “I absolutely love it here,” Luis Garcia, of Oak Forest and the owner and chef of Cervantinos Authentic Mexican Restaurant #2, said. “It’s a great area, nice clientele and I’m happy…

The corner of Crandall and Depot in Worth will be the future site of the Garden Center Services apartment complex. (Photo by Joe Boyle)

Worth Polar Plunge raises record amount

Spread the love

Spread the loveBy Joe Boyle The FOP Worth Polar Plunge has been deemed a major success and local officials said the amount raised has set a new record. The annual event, sponsored by the Worth Police Department, took place in a large swimming pool that was put up in the parking lot of the Marrs-Meyer…

Kris Sumner, Youth Programming Librarian at Green Hills Public Library, is responsible for organizing the Eid Clothing Bazaar at the library, 10331 Interlochen Dr., Palos Hills. (Supplied photos)

Green Hills Public Library hosts Eid Clothing Drive

Spread the love

Spread the loveBy Kelly White The Islamic calendar has two major holidays each year: Eid al-Fitr, which marks the end of Ramadan and celebrates an entire month of fasting, and Eid al-Adha, the festival of the sacrifice that occurs during the culmination of the Hajj pilgrimage season. It takes place two lunar months after Ramadan.…