The case has now been remanded back to both Spotsylvania County Circuit Court and Chesapeake City Circuit courts for a new sentencing hearing, according to online court documents.
Malvo was sentenced to life in prison without parole for the sniper-style attacks committed in October 2002, along with John Allen Muhammad.
In January 2017, Richmond defense attorney Craig Cooley asked a judge to toss out the life sentence against Malvo, because the U.S. Supreme Court has since ruled it unconstitutional to sentence juveniles to life in prison without parole, without a sentencing hearing. Malvo could still be resentenced to life in prison without parole.
A total of 10 people were killed and three others were shot during a three-week period that left residents of D.C., Virginia, and Maryland on edge.
Muhammad was executed in 2009 for the killings.
Malvo was 17 at the time, a reason that Cooley said he took the case. He said in a previous interview with WTVR that the motivation was simple: No civilized country – in fact no other country – sanctions the execution of juveniles.
Cooley said he believes Malvo was the first and most carefully planned victim in the murder spree, orchestrated by his father-figure, Muhammad.
A year after the jury unanimously spared Malvo’s life – perhaps coincidentally - the U.S. Supreme Court ruled executing juveniles was no longer Constitutional. [Read Holmberg's interview with Mr. Cooley, here.]