GLAD Law has signed onto an amicus brief in support of Lee Boyd Malvo, whose successful habeas petition to be re-sentenced following the USSC decision in Miller v Alabama is being challenged by the Commonwealth of Virginia. Virginia is essentially arguing that Malvo’s life without parole sentence–imposed after a capital jury declined to sentence him to death–was a discretionary rather than mandatory sentence and thus outside Miller’s mandate. Juvenile Law Center’s amicus brief will urge the Supreme Court to abide by its holdings in Miller e Montgomery that only youth found to be permanently incorrigible are eligible for life without parole sentences and that this determination has yet to be made regarding Malvo.