No. 18-5634

Kipland Phillip Kinkel v. Garrett Laney, Superintendent, Oregon State Correctional Institution

Lower Court: Oregon
Docketed: 2018-08-17
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: eighth-amendment juvenile-sentencing life-without-parole mental-illness miller-montgomery-standard miller-v-alabama montgomery-v-louisiana procedural-due-process
Key Terms:
DueProcess Punishment HabeasCorpus
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Does a treatable, but not curable, mental illness constitute irreparable corruption' under Miller v. Alabama and Montgomery v. Louisiana?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED In Graham v. Florida, this Court held that the Eighth Amendment prohibited the imposition of -life without parole on a juvenile for non-homicide offense. 560 U.S. 48 (2010). In Miller v. Alabama, this Court held that mandatory sentences of life without parole imposed on a juvenile homicide offender violate the Eighth Amendment. 132 S. Ct. 24455, 2469 (2012). In : Montgomery v. Louisiana, the Court reiterated that if the judge has discretion to impose such a sentence under state, the Eight Amendment requires a sentencing judge to find that a crime reflects “permanent incorrigibility” or “irreparable corruption” before imposing that sentence. ~ 1368. Ct. 718 (2016) (citing Miller, 132 S. Ct. at 2469). Following Montgomery, this Court . granted the writ of certiorari, vacated the judgment, and remanded a series of cases to the state ~ court for further consideration in light of Montgomery. See, e.g., Tatum v. Arizona, 1378. Ct. 11 (2016); Arias v. Arizona, 137 S. Ct. 370 (2016); Adams v. Alabama, 136 S. Ct. 1796 (2016). . . Here, in 1989, when Mr. Kinkel was a 15 year old juvenile suffering from an untreated mental illness, he shot his parents and, the next day, travel to school, where he killed two students and injured 26 others. After he pleaded guilty, the trial court sentenced him to consecutive mandatory minimums totaling nearly 112 years. Mr. Kinkel filed a successive state post-conviction . challenging his sentence based on Graham and Miller, but was denied relief on procedural grounds. He was never provided an opportunity to demonstrate that he was not “irreparably , corrupt” or “permanently incorrigible” as required in Montgomery. The Oregon Supreme Court accepted review and affirmed the lower court’s decision on different grounds: that Miller did not apply to Mr. Kinkel due to his aggregate sentence and because his treatable, but not curable mental illness, rendered him “irreparably corrupt” under Miller’s standard. This case thus presents the following questions: . 1. Does a treatable, but not curable, mental illness constitute “irreparable corruption” under Miller v. Alabama and Montgomery v. Louisiana? 2. Do Graham vy. Florida, Miller v. Alabama, and Montgomery v. Louisiana apply to a juvenile under the age of 18 sentenced to 112 years in prison? 3. Is a juvenile under the age of 18 entitled to a meaningful opportunity under Miller v. : Alabama and Montgomery v. Louisiana to present evidence showing they are not “irreparably corrupt” or “permanently incorrigible” before the state can impose a sentence of life without the possibility of parole?

Docket Entries

2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-20
Reply of petitioner Kipland P. Kinkel filed.
2018-11-09
Brief of respondent Rob Persson in opposition filed.
2018-09-28
Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2018.
2018-09-26
Motion to extend the time to file a response from October 11, 2018 to November 13, 2018, submitted to The Clerk.
2018-09-11
Response Requested. (Due October 11, 2018)
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-22
Waiver of right of respondent Rob Persson to respond filed.
2018-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)

Attorneys

Kipland P. Kinkel
Thaddeus August BetzLaw Office of Thaddeus Betz, LLC, Petitioner
Thaddeus August BetzLaw Office of Thaddeus Betz, LLC, Petitioner
Kipland Phillip Kinkel — Petitioner
Kipland Phillip Kinkel — Petitioner
Rob Persson
Benjamin Noah GutmanOregon Department of Justice, Respondent
Benjamin Noah GutmanOregon Department of Justice, Respondent