Fourth Circuit: Lee Malvo v. Randall Mathena

Given the substantive right of a juvenile not to be sentenced to a mandatory life without parole sentence articulated by the Supreme Court and made retroactive to cases on collateral review, petitioner's initial sentencing must be reviewed, as it was unclear at trial whether the judge could suspend part of the life sentence, and additionally, relief might be warranted outside of mandatory sentences in the strict sense.

As there was no finding of incorrigibility, the jury's vote for life without parole needs to be revisited.  Additional sentences imposed under plea deal are not shielded from review by the appeals waiver, as collateral challenges of new rights and assertions of substantive constitutional violations weren't enforceably waived.

Interesting peroration.

http://www.ca4.uscourts.gov/opinions/176746.P.pdf