Supreme Court of Virginia

Donte Lamar Jones v. Commonwealth of Virginia

February 2, 2017293 Va. 29

Summary

The Court held that Virginia’s sentencing scheme permits a trial court to suspend a life‑without‑parole sentence, so Jones’s sentence is not a mandatory LWOP sentence subject to Miller v. Alabama; consequently the trial court’s denial of his motion to vacate was affirmed. The Court also concluded that a motion to vacate is not the proper vehicle for a post‑conviction constitutional claim after the trial court has lost active jurisdiction.

Holding

  • Whether Jones’s life sentence is a mandatory life‑without‑parole sentence subject to Miller v. Alabama.. The life sentence is not mandatory because Virginia law, via Code § 19.2‑303, authorizes the trial court to suspend part or all of a life sentence; therefore Miller does not apply.
  • Whether a motion to vacate is a proper procedural vehicle for a post‑conviction constitutional claim after the trial court has lost active jurisdiction.. A motion to vacate is not the appropriate vehicle for such a claim; challenges must be brought in a habeas corpus proceeding or other state collateral‑review proceeding that is open to a claim controlled by federal law.

Docket Record 131385

Cited authorities

  • Ala. Code § 15-22-50
  • Ark. Code Ann. § 5-4-104
  • La. Stat. Ann. § 14:30
  • La. Stat. Ann. § 14:30
  • Ala. Code § 15-22-50
  • Ark. Code Ann. § 5-4-104
  • 28 U.S.C. § 2254

Cited by