No. 18-5696

Curtis Croft v. Illinois

Lower Court: Illinois
Docketed: 2018-08-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-review due-process irreparable-corruption juvenile-sentencing life-without-parole miller-v-alabama opportunity-to-present-evidence sentencing-discretion split-of-authority
Key Terms:
Punishment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether Illinois has misused the broad discretion allowed the states

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Whether Illinois has misused the broad discretion allowed the states by endorsing a deferential, exclusive “backwards-looking” examination of the “cold record” to determine compliance with Miller v. Alabama, 132 S. Ct. 2455 (2012), where the juvenile was sentenced to life imprisonment without the possibility of parole (LWOP) long before Miller was decided. People v. Croft, 2018 IL App (1st) 150048, (23, citing People v. Holman, 2017 IL 120655, 447. Consequently, the following questions arise from I]linois’ sentencing framework: I Whether, before sentencing a juvenile to life without the possibility of parole, must the sentencer find that the juvenile is irreparably corrupt. Il. Whether, in light of the split of authority among the states, Miller compliance requires, before the imposition of LWOP that the juvenile defendant be entitled to an opportunity to present evidence that he or she is not irreparably corrupt. i

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-27
Waiver of right of respondent Illinois to respond filed.
2018-08-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2018)

Attorneys

Curtis Croft
Kathleen Marie FlynnOffice of the State Appellate Defender, Petitioner
Kathleen Marie FlynnOffice of the State Appellate Defender, Petitioner
Illinois
Michael Marc Glick — Respondent
Michael Marc Glick — Respondent