Rainesv.The State
Raines committed the charged crimes when he was 17 and received life without parole. He argued that the Sixth Amendment and Apprendi required a jury, rather than a judge, to decide whether he was permanently incorrigible before that sentence could be imposed. The Georgia Supreme Court affirmed. The court distinguished the factual findings that increase a statutory sentencing range from the constitutionally required determination under the Eighth Amendment’s juvenile-sentencing rule. It held that the Constitution does not require a jury to make the permanent-incorrigibility determination and that the sentencing court could make that determination. The court rejected Raines’s remaining claims and left the sentence and convictions undisturbed. All justices concurred.
Loading published copy…

