Thirty years ago, Diatchenko had been tried and convicted for a stabbing murder in Kenmore square when he was seventeen. His conviction was affirmed in Commonwealth v. Diatchenko, 387 Mass. 718, 719 (1982). Today the Massachusetts SJC ruled that Miller applies retroactively, and that the imposition of a sentence of life without parole on a defendant under the age of 18 violates Article 26 of the Massachusetts Declaration of Rights.
So, if you have been convicted and sentenced to life without parole in Massachusetts, and you were under 18 on the date of the actual offense, you may be entitled to immediate relief. Please feel free to contact me for a free case evaluation.
Attorney Mark Stevens
Law Offices of Mark Stevens
5 Manor Parkway Salem, NH