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Legal Opinion · Dissent

State v. Windom

Idaho Supreme Court

Decided March 16, 2011No. 36656Published

1DissentJustice W. Jones

The Idaho Supreme Court today holds that a child with a serious mental illness can receive the maximum criminal penalty available to punish a healthy adult, even if the child must spend a lifetime behind bars without a chance for parole. For the following reasons, I respectfully dissent.

A. The District Court Abused Its Discretion by Using the Wrong Legal Standard to Impose a Fixed-Life Sentence on Ethan

Regarding Ethan’s prospects for being rehabilitated, the district court abused its discretion in two ways. First, it applied the wrong legal standard when it cited its uncertainty over whether…

2Cases cited25 opinions

  1. Eddings v. OklahomaSupreme Court of the United States · 1982
  2. Atkins v. VirginiaSupreme Court of the United States · 2002
  3. Roper v. SimmonsSupreme Court of the United States · 2005
  4. Graham v. FloridaSupreme Court of the United States · 2010
  5. Tison v. ArizonaSupreme Court of the United States · 1987

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