Legal Opinion

People v. Lusby

Appellate Court of Illinois

Decided August 21, 2018No. Appeal 3-15-0189UnpublishedCited by 3 opinions

1Opinion of the CourtJustice McDADE

*145 ¶ 1 Petitioner Ashanti Lusby was convicted of first degree murder, aggravated criminal sexual assault, and home invasion. He was 16 years old at the time the offenses occurred. He filed a direct appeal and, subsequently, a pro se postconviction petition, which were both denied by this court. He later filed a motion for leave to file a successive postconviction petition, arguing that his de facto life sentence violated his eighth amendment rights because the trial court did not consider his age and its attendant characteristics in accordance with Miller v. Alabama , 567 U.S. 460 , 132 S.Ct.…

2Cases cited18 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. Schriro v. SummerlinSupreme Court of the United States · 2004
  5. People v. HolmanIllinois Supreme Court · 2017

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3Cited by3 opinions

  1. People v. LusbyAppellate Court of Illinois · 2019
  2. People v. AmesAppellate Court of Illinois · 2021
  3. People v. AmesAppellate Court of Illinois · 2019

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