Michael Foust was initially sentenced to life without parole for two counts of first degree murder committed when he was 17. Mr. Foust’s sentence was then vacated after the United States Supreme Court issued its decision in Montgomery v. Louisiana, 136 S. Ct. 718 (2016). Upon re-sentencing, Mr. Foust received two consecutive 30-to-life terms which amount to a de facto life sentence.
Juvenile Law Center, in collaboration with Pamela R. Logsdon Sibley, filed a brief in the Superior Court of Pennsylvania on behalf of Mr. Foust. Our brief argues that Mr. Foust’s sentence is the equivalent of a life without parole sentence, Miller and Montgomery established a presumption against juvenile life without parole, and the imposition of a de facto life sentence cannot be constitutionally imposed on a juvenile absent a finding that the juvenile is one of the rare and uncommon juveniles who is permanently incorrigible, irreparably corrupt, or irretrievable depraved. We further argued that Mr. Foust is entitled to the same procedural safeguards as an adult facing capital punishment, which he was not afforded at his hearing.
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