Is a defendant eligible for a life without parole sentence?
MultiRegion, United States of America
The following excerpt is from Olivera-Beritan v. Asuncion, Case No. 16cv2646-CAB (PCL) (S.D. Cal. 2017):
Petitioner claims that he is statutorily ineligible for a sentence of life without the possibility of parole because the evidence is insufficient to support the sentence. (Pet. at 38.) He again relies on Hicks v. Oklahoma, which held that when a state statute vests sentencing discretion in a jury, "[t]he defendant in such a case has a substantial and
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