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Granted Appeal Summary

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Case

RANDY DWAYNE ROSS v. COMMONWEALTH OF VIRGINIA (Record Number 181530) From The Court of Appeals of Virginia.

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Counsel

Glenn L. Berger (Berger & Thornhill) for appellant. Eugene P. Murphy (Office of the Attorney General) for appellee.

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Assignments of Error

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1. The trial court erred when it failed to recognize a lengthy term-of-years sentence as the functional equivalent of a life sentence without parole. The Court of Appeals erred when it affirmed.

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2. The trial court erred when it refused to distinguish the holding of Angel v. Commonwealth in light of Miller v. Alabama and Montgomery v. Louisiana. The Court of Appeals erred when it affirmed.

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3. The trial court erred when it sentenced the defendant to the functional equivalent of a life sentence without parole for a non-homicide offense in contravention of Graham v. Florida. The Court of Appeals erred when it affirmed.

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4. The trial court erred when it sentenced Randy Ross to the functional equivalent of a life sentence without parole and failed to find that Randy Ross was irreparably incorrigible as required by Miller v. Alabama and Montgomery v. Louisiana. The Court of Appeals erred when it affirmed.

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Source Document:http://www.courts.state.va.us/courts/scv/appeals/181530.pdf

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