Legal Opinion

State v. Finley

Court of Appeals of South Carolina

Decided July 17, 2019No. Appellate Case No. 2016-002480; Opinion No. 5665PublishedCited by 5 opinions

1Opinion of the Court

WILLIAMS, J.:

**420In this criminal appeal, Michael Jay Finley appeals the circuit court's denial of his pro se motion to reconsider his sentence pursuant *159to Aiken v. Byars , 410 S.C. 534, 765 S.E.2d 572 (2014). Finley argues his mandatory sentence of life imprisonment with the possibility of parole upon the service of **421thirty years' imprisonment is functionally equivalent to a sentence of life imprisonment without the possibility of parole (LWOP), which violates the Eighth Amendment's prohibition of cruel and unusual punishments. We affirm.

FACTS/PROCEDURAL HISTORY

In February 1992, a…

2Cases cited9 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Roper v. SimmonsSupreme Court of the United States · 2005
  3. Graham v. FloridaSupreme Court of the United States · 2010
  4. Montgomery v. LouisianaSupreme Court of the United States · 2016
  5. Aiken v. ByarsSupreme Court of South Carolina · 2014

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3Cited by5 opinions

  1. Heying v. StateIndiana Court of Appeals · 1987
  2. State v. GulleySupreme Court of Kansas · 2022
  3. State v. MillerCourt of Appeals of South Carolina · 2021
  4. State v. MorganCourt of Appeals of South Carolina · 2021
  5. State v. SmartCourt of Appeals of South Carolina · 2021

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