Supreme Court of Alabama

Ex Parte Larry Henderson. (in Re State of Alabama v. Larry Henderson). ex Parte Rashad Stoves. (in Re State Of…

September 13, 2013144 So. 3d 1262

Summary

The court denied both petitions for writs of mandamus, holding that the constitutional rule requiring individualized consideration before imposing life imprisonment without parole on a juvenile homicide offender did not require dismissal of the capital-murder indictments. Alabama's capital-murder statutory scheme remained valid because the mandatory nature of juvenile life-without-parole sentencing could be severed, leaving individualized sentencing available. The court also directed that any sentencing hearing for a juvenile convicted of capital murder consider specified youth-related and offense-related factors. Justice Shaw, concurring in part and in the result, agreed that dismissal was unwarranted and agreed with the individualized-sentencing guidance.