State v. Monteiro

Summary

This case involves a teenager convicted of murder during a gang fight. He argues his statements to police were coerced and that his consecutive life sentences are unconstitutional. The Supreme Court judgment is pending.

2007 | State Juristiction

State v. Monteiro

Keywords youth tried as adults; individuals convicted of multiple sentences; Mario’s Law; juvenile justice; LWOP; juvenile life without parole; Eighth Amendment (U.S.); proportionality principle; consecutive life sentence; gang-related murder

Abstract

In 2021, the Rhode Island General Assembly enacted a statute informally known as “Mario’s Law,” providing that “any person sentenced for any offense prior to his or her twenty-second birthday” is eligible for parole after serving twenty years. The State of Rhode Island contends that the statute as written does not apply to individuals convicted of multiple offenses and serving consecutive sentences, including the Respondents in this case—Joao Neves, Keith Nunes, Pablo Ortega, and Mario Monteiro, the namesake of Mario’s Law—and to the extent it does apply, it violates separation of powers principles. The judgment is pending.

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Footnotes and Citation

Cite

State v. Monteiro, No. 2006-118-C.A. (R.I. Sup. Ct. 2007)

Highlights