Sydney L. Thieszen v. Nebraska
DueProcess Punishment Jurisdiction
Whether the Eighth Amendment permits a juvenile convicted of a homicide offense to be sentenced to the functional equivalent of life without parole
QUESTIONS PRESENTED The Nebraska Supreme Court affirmed a sentence of 70 years’ to life imprisonment for a juvenile convicted of first degree murder. The questions presented are: 1. Whether the Eighth Amendment to the United States Constitution and Miller v. Alabama, 567 U.S. 460, 132 S.Ct 2455 (2012), Montgomery v. Louisiana, 577 US. ___,136 S. Ct. 718 (2016), and Tatum v. Arizona, 580 U.S. ___, 1378, Ct. 11 (2016), permit a juvenile convicted of a homicide offense to be sentenced to the functional equivalent of life without parole. 2. Whether a de facto sentence of life without parole for a juvenile denies the offender a meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation demanded by the Eighth Amendment to the United States Constitution in violation of Miller y. Alabama, 567 U.S. 460, 132 S.Ct. 2455 (2012), Montgomery v. Louisiana, 577 U.S. __,136 S, Ct. 718, 193 L. Ed. 2d 599 (2016), and Tatum y. Arizona, 580 U.S. __, 137 S. Ct. 11 (2016). i