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August 3, 2018

VA Asks Supreme Court for Delay in Resentencing Malvo

As reported in this Washington Post piece, Virginia is asking the Supreme Court to delay the resentencing of convicted Beltway sniper, Lee Boyd Malvo. Here is more:

Virginia on Thursday asked the Supreme Court to put on hold a lower court’s decision that requires new sentences for Beltway sniper Lee Boyd Malvo, who was confined to life imprisonment for his deadly teenage rampage.

The commonwealth said it wants the high court to overturn a decision by a panel of the U.S. Court of Appeals for the 4th Circuit in Richmond. But in the meantime, it asked the court to simply delay any resentencing process.

“This case involves one of the most notorious serial murderers in recent history,” Virginia Solicitor General Toby J. Heytens wrote in a petition to Chief Justice John G. Roberts Jr., who hears emergency applications resulting from 4th Circuit decisions.

“The issue presented by this stay application is whether Virginia will be required to commence (and potentially conclude) the process of resentencing Malvo — risking additional trauma to his numerous victims and their families and exposing the Commonwealth to significant cost — before” the Supreme Court can decide whether the 4th Circuit got it right.

August 3, 2018 at 01:55 PM | Permalink


One wonders if Malvo's defense lawyers had the presence of mind to request an fMRI of the brain when he was 17. It could then be compared to one at his current age. It may show, he's cool. He is less impetuous, and may be released. This 17 year old kept the entire city pinned down for weeks in terror. I would like to see the Ivy radicalized Justices try to achieve that. He even knew behavior psychology, by making the shootings random, so no pattern could be discerned.

To review, his mentor wanted to save money on divorce. The scheme was to shoot a series of people. At some point, the wife would be shot. However, no one would suspect the husband because she would the victim of a serial killer. Malvo showed Iowa grade real world achievement. Iowa kids were displaying 200 lbs. pigs. He terrorized a city. To my knowledge, he did not take the NRA Gun Safety Course as the Iowa kids might have.

Here is a brief review by far left, Beltway swamp people. The non-lawyer is honest enough to say, it is meaningless, close to the end. However, it may be dispositive with the Supreme Court. The subjects are real Obama types. The swamp guy even says, pandering to feminist political correctness, females are 2 years more mature than males. He is an Apple computer user. And, cartoons of artificial mapping of mathematical results can be presented to lawyers as actual anatomical change.

No Iowa kids, were tested, however.

Always get the fMRI of the brain of your under 25 defendant


Posted by: David Behar | Aug 3, 2018 10:56:14 PM

Hi Doug!

Apropos of nothing really, is there any chance you would consider a policy that some minimum level of cogency be needed for comments on the blog?

Posted by: J.T. Rauch | Aug 4, 2018 8:21:32 PM

Agree with J.T. . . .

On the subject of Lee Malvo, the whole thing is so unbelievably absurd. Per Wikipedia, Muhammad and Malvo killed 17 people and wonded 10 more, some greviously, with Malvo firing most of the shots. And not only are we not allowed to put Malvo to death; we can't even lock him up for life? We have to either pretend to give him a chance to get out some day, with some pro forma hearings which will automatically be denied, or, worse, actually give him a chance to get out? Seriously?

I assume it will be the former, as no parole board will want to let him out. But what is the value in the whole charade?

And while in prison, he can, if he chooses, try to persuade other prisoners to go on their own private terror campaigns when they get out. It happens all the time in Europe now.

Posted by: William Jockusch | Aug 7, 2018 8:51:11 PM

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