No. 20-7338

Foster Lee Tarver v. Josh Shapiro, Attorney General of Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2021-03-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process eighth-amendment equal-protection ex-post-facto fourteenth-amendment judicial-abuse-of-discretion juvenile-sentencing miller-v-alabama statutory-construction
Latest Conference: 2021-04-30
Question Presented (from Petition)

Whether the Third Circuit Court of Appeals ' Judgment, that affirmed an illegal
mandatory maximum life sentence imposed upon the Petitioner by the arbitrary
application of an invalid state statute held in Miller v. Alabama ., 567 U.S . 460,
132 S.Ct. 2455 (2012) to have violated 8th and 14th Amendments Rights of
juveniles like himself convicted of first degree murder then who was mandatory
sentenced to life, has denied him due process'to equal protection of statutory
construction by judicial abuse of discretion or Ex Post Facto Clause violations?

Question Presented (AI Summary)

Whether the Third Circuit Court of Appeals erred in upholding the illegal mandatory maximum life sentence imposed upon the Petitioner

Docket Entries

2021-05-03
Petition DENIED.
2021-04-15
DISTRIBUTED for Conference of 4/30/2021.
2021-04-02
Waiver of right of respondent Josh Shapiro, Attorney General of Pennsylvania, et al. to respond filed.
2021-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2021)

Attorneys

Foster Lee Tarver
Foster Lee Tarver — Petitioner
Josh Shapiro, Attorney General of Pennsylvania, et al.
Ryan H. LysaghtDauphin County District Attorney's Office, Respondent