From Virginia Attorney General Mark Herring’s office:
Mathena v. Malvo is being dismissed because of a new law (HB35) passed by the General Assembly and signed by the Governor that changes Virginia’s sentencing policies for juveniles. The new law essentially moots the case because the General Assembly has made juveniles eligible to be considered for parole after serving twenty years of their sentence, and there is no need for the Supreme Court to rule on a sentencing structure that will no longer exist.
In order for the Commonwealth to agree to dismiss the case, Malvo has agreed not to seek any resentencing. The life sentences he received in Virginia will remain in place. Malvo’s agreement is available here.
The case is being dismissed pursuant to Supreme Court Rule 46.1 which states that “At any stage of the proceedings, whenever all parties file with the Clerk an agreement in writing that a case be dismissed, specifying the terms for payment of costs, and pay to the Clerk any fees then due, the Clerk, without further reference to the Court, will enter an order of dismissal.” The parties’ joint letter to the Supreme Court dismissing the case is available here.
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