Banks v. People
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Summary

Colorado Supreme Court held mandatory life without parole for juveniles unconstitutional in light of Miller v. Alabama. Tenarro Banks' sentence was vacated for resentencing under new guidelines.

2015 | State Juristiction

Banks v. People

Keywords LWOP; juvenile sentencing; Eighth Amendment (U.S.); cruel and unusual punishment; juvenile offenders; retroactive application

Abstract

Tenarro Banks was convicted of first-degree murder as a juvenile and sentenced to life imprisonment without parole. This case arose after the U.S. Supreme Court's decision in Miller v. Alabama, which held that mandatory life sentences for juveniles violated the Eighth Amendment. The Colorado Supreme Court in Banks v. People considered the effect of Miller on Banks' sentence. The Colorado Supreme Court remanded Banks' case to the trial court. Because the state legislature had not yet created a new sentencing scheme in light of Miller, the Court was tasked with determining the appropriate remedy. The trial court was instructed to decide whether life without parole remained a suitable sentence under Miller's standards. If not, life with the possibility of parole would be the new sentence.

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Abstract

Tenarro Banks was convicted of first-degree murder as a juvenile and sentenced to life imprisonment without parole. This case arose after the U.S. Supreme Court's decision in Miller v. Alabama, which held that mandatory life sentences for juveniles violated the Eighth Amendment. The Colorado Supreme Court in Banks v. People considered the effect of Miller on Banks' sentence. The Colorado Supreme Court remanded Banks' case to the trial court. Because the state legislature had not yet created a new sentencing scheme in light of Miller, the Court was tasked with determining the appropriate remedy. The trial court was instructed to decide whether life without parole remained a suitable sentence under Miller's standards. If not, life with the possibility of parole would be the new sentence.

Following his conviction for first-degree murder, Tenarro Banks received a sentence of life imprisonment without the possibility of parole as a juvenile. This sentencing occurred prior to the landmark U.S. Supreme Court ruling in Miller v. Alabama, which declared mandatory life sentences without parole for juveniles unconstitutional under the Eighth Amendment. Consequently, the Colorado Supreme Court, in Banks v. People, addressed the implications of the Miller decision on Banks' existing sentence.

In the absence of a revised sentencing framework from the state legislature post-Miller, the Colorado Supreme Court remanded Banks' case to the trial court. This lower court was directed to assess whether a sentence of life without parole remained constitutionally permissible under the principles established in Miller. Should the trial court determine that such a sentence was no longer appropriate, it was instructed to impose a sentence of life imprisonment with the possibility of parole.

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Abstract

Tenarro Banks was convicted of first-degree murder as a juvenile and sentenced to life imprisonment without parole. This case arose after the U.S. Supreme Court's decision in Miller v. Alabama, which held that mandatory life sentences for juveniles violated the Eighth Amendment. The Colorado Supreme Court in Banks v. People considered the effect of Miller on Banks' sentence. The Colorado Supreme Court remanded Banks' case to the trial court. Because the state legislature had not yet created a new sentencing scheme in light of Miller, the Court was tasked with determining the appropriate remedy. The trial court was instructed to decide whether life without parole remained a suitable sentence under Miller's standards. If not, life with the possibility of parole would be the new sentence.

Tenarro Banks, convicted of first-degree murder as a juvenile, received a life sentence without parole. However, the U.S. Supreme Court later ruled in Miller v. Alabama that mandatory life sentences without parole for juveniles are unconstitutional. This decision directly impacted Banks' case, leading to the Colorado Supreme Court's review in Banks v. People.

Since Colorado hadn't yet updated its sentencing guidelines after Miller, the Court had to determine the proper course of action. They sent Banks' case back to the trial court with instructions. The trial court was tasked with assessing whether a life sentence without parole was still justifiable under the Miller decision. If not, Banks would be eligible for life with the possibility of parole.

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Abstract

Tenarro Banks was convicted of first-degree murder as a juvenile and sentenced to life imprisonment without parole. This case arose after the U.S. Supreme Court's decision in Miller v. Alabama, which held that mandatory life sentences for juveniles violated the Eighth Amendment. The Colorado Supreme Court in Banks v. People considered the effect of Miller on Banks' sentence. The Colorado Supreme Court remanded Banks' case to the trial court. Because the state legislature had not yet created a new sentencing scheme in light of Miller, the Court was tasked with determining the appropriate remedy. The trial court was instructed to decide whether life without parole remained a suitable sentence under Miller's standards. If not, life with the possibility of parole would be the new sentence.

Tenarro Banks was just a kid when he was found guilty of first-degree murder and given a really serious sentence: life in prison without the chance of ever getting out. This happened before the highest court in the U.S. (the Supreme Court) made a decision in a case called Miller v. Alabama. In that case, they said that automatically giving kids a life sentence with no chance of parole wasn't fair and went against the Eighth Amendment (part of the Constitution that protects against cruel and unusual punishment).

Since Colorado hadn't updated its laws after the Miller decision, the Colorado Supreme Court, in the case of Banks v. People, had to figure out what to do with Banks' sentence. They decided to send the case back to the original trial court. The trial court now has to look at Banks' case again and see if that serious sentence still made sense based on what the Supreme Court said in the Miller case. If they decide it didn't, Banks would receive a new sentence: life in prison with the chance of parole (getting out early for good behavior).

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Abstract

Tenarro Banks was convicted of first-degree murder as a juvenile and sentenced to life imprisonment without parole. This case arose after the U.S. Supreme Court's decision in Miller v. Alabama, which held that mandatory life sentences for juveniles violated the Eighth Amendment. The Colorado Supreme Court in Banks v. People considered the effect of Miller on Banks' sentence. The Colorado Supreme Court remanded Banks' case to the trial court. Because the state legislature had not yet created a new sentencing scheme in light of Miller, the Court was tasked with determining the appropriate remedy. The trial court was instructed to decide whether life without parole remained a suitable sentence under Miller's standards. If not, life with the possibility of parole would be the new sentence.

Tenarro Banks was found guilty of a very serious crime, first-degree murder, when he was still a teenager. He was given a very long sentence called "life in prison without parole," which meant he could never be let out. But then, the highest court in the United States, the Supreme Court, decided in another case (Miller v. Alabama) that giving kids this kind of sentence was unfair and wrong.

This decision affected Tenarro's case, so the highest court in Colorado, where Tenarro was convicted, had to take another look. Since Colorado hadn't yet decided how to change its laws for sentencing kids after the Supreme Court's decision, the Colorado court told the original trial court to figure out if Tenarro's sentence was still okay. They had to decide if "life in prison without parole" was still an acceptable punishment or if Tenarro should now have the chance to be let out someday, which is called "life with the possibility of parole."

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Footnotes and Citation

Cite

People v. Banks, 339 P.3d 773 (Colo. 2015)

Highlights