People v. Lusby (October 2020)
RULING: LUSBY FAILED TO PROVIDE EVIDENCE TO THE LOWER COURT ABOUT HIS YOUTH AT THE TIME OF HIS OFFENSE.
Lusby received a sentence of 130 years imprisonment when he was 16 years old. The majority held a juvenile can only be sentenced to life after considering youth and its hallmark features and determining the “conduct showed irretrievable depravity, permanent incorrigibility, or irreparable corruption beyond the possibility of rehabilitation.” The court determined Lusby did not present evidence about his age or characteristics of his age at the time of his offense. Therefore, the court deferred to the trial court to conclude what his sentence will hold. The court ultimately held Lusby’s sentencing hearing was Miller compliant, meaning his de facto life sentence is constitutional.