Once again Kip Kinkel is back in the news for appealing his sentence. Kinkel was sentenced to 115 years for the 1998 shooting and killing of his parents and killing two at Thurston High School in Oregon. He’s previously tried to have his sentence overturned by claiming both insanity and improper counsel. Now he’s trying to use a Supreme Court ruling to his favor.
Last year the US Supreme Court ruled that mandatory life sentences without parole for minors is unconstitutional. Kinkel was 15 at the time of his murder spree. I don’t agree with the Supreme Court’s ruling however while they said that mandatory LWOP for minors was unconstitutional they also said that minors could still be sentenced to LWOP for murder as long as the sentence wasn’t a mandatory one.
Kinkel accepted a plea deal of 25 years for the murders however the judge at the time tacked on 40 moths a piece on attempted murder charges for each person he wounded in is spree. There were 26 wounded. That jacked up his sentence to where it is today. His sentence was not a mandatory sentence.
If there are any fancy lawyerin’ types out there wouldn’t the Supreme Court just review the facts then refuse to rule on this?
Personally I don’t see this succeeding even in our ‘no personal responsibility’ society of today.
UPDATE 5/27/2013: Appeal denied for being 8 years past the appeal deadline. See you in 2113 jackass.