Gregory Diatchenko v. District Attorney for the Suffolk District & others

Summary

The court held that the constitutional rule barring mandatory life without parole for offenders who were under eighteen when they committed murder applies retroactively on collateral review. It further held that Massachusetts's constitutional prohibition on cruel or unusual punishment bars both mandatory and discretionary life-without-parole sentences for juvenile homicide offenders, while preserving life imprisonment and requiring parole eligibility instead of resentencing. The case was remanded for entry of a declaratory judgment and further appropriate action. Justice Lenk, concurring, emphasized that parole review must account for the distinctive attributes of youth and provide a meaningful opportunity for release based on demonstrated maturity and rehabilitation.