Thursday, June 9, 2016

Case of the Day: Tarselli v. Folino, 2016 U.S. Dist. LEXIS 74805 (M.D. Penn. June 7, 2016)


This is a habeas corpus action by a prisoner held in life imprisonment without parole for homicide. In the recent case of Miller v. Alabama, 567 U.S. ___ (2012), the Supreme Court ruled that life imprisonment without possibility of parole on a juvenile offender violates the Eighth Amendment. In Montgomery v. Louisiana, 136 S. Ct. 718 (2016), the Supreme Court found this rule to apply retroactively. Petitioner is an adoptee from Korea, whose the birthday listed on his adoption certificate made him 18 years and 2 months old at the commission of the crime.

The court found that the petitioner may yet have a meritorious habeas claim, but also found that the petitioner did not yet exhaust state court remedies. The petition was dismissed without prejudice.


Something that seems as obvious as a birthday can be a significant issue for immigrants and adoptees, who often get wrong birthdays listed as they enter the United States.

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