Johnson, Raheem v. Commonwealth

SENIOR JUSTICE MILLETTE, concurring.

I agree with the majority's analysis concluding that Johnson is not entitled to a neuropsychologist under Husske v. Commonwealth , 252 Va. 203 , 476 S.E.2d 920 (1996). I write separately because I disagree with the majority's conclusion that " Miller [ v. Alabama , 567 U.S. ----, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012) ] is inapplicable to the present case" because geriatric release "provides a meaningful opportunity for release akin to parole." While the majority applies existing Virginia precedent, I believe Miller and Montgomery v. Louisiana, 577 U.S.…