No. 18-81

Carltez Taylor v. Indiana

Lower Court: Indiana
Docketed: 2018-07-19
Status: Denied
Type: Paid
Tags: constitutional-proportionality cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-expectancy life-without-parole miller-v-alabama sentencing-discretion term-of-years
Key Terms:
Punishment
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether it is cruel and unusual punishment to sentence a juvenile to a term exceeding their life expectancy for a single offense

Question Presented (OCR Extract)

QUESTION PRESENTED In light of Petitioner’s character and the nature of the offense, the Supreme Court of Indiana invoked its authority and reduced his sentence of life without the possibility of parole because he did not deserve a “guaranteed death in prison” and his sentence was an inappropriate outlier. That court changed his sentence from life without the possibility of parole to a term of 80 years for a single offense, a sentence that, even with every potential reduction applied, will exceed his life expectancy. Because the Supreme Court of Indiana does not consider such a sentence to be life without the possibility of parole, it held that the protections announced in Miller v. Alabama, 567 U.S. 460 (2012) do not apply, presenting the following question: Whether it is cruel and unusual punishment to sentence a juvenile to a term exceeding their life expectancy for a single offense even when the sentencing court holds that neither the character of the defendant nor the nature of the offense can sustain a sentence of life without the possibility of parole. 1

Docket Entries

2018-12-03
Petition DENIED.
2018-11-07
DISTRIBUTED for Conference of 11/30/2018.
2018-11-02
Reply of petitioner Carltez Taylor filed.
2018-10-19
Brief of respondent State of Indiana in opposition filed.
2018-08-15
Motion to extend the time to file a response is granted and the time is extended to and including October 19, 2018.
2018-08-08
Motion to extend the time to file a response from August 20, 2018 to October 19, 2018, submitted to The Clerk.
2018-07-16
Petition for a writ of certiorari filed. (Response due August 20, 2018)
2018-05-09
Application (17A1233) granted by Justice Kagan extending the time to file until July 15, 2018.
2018-05-04
Application (17A1233) to extend the time to file a petition for a writ of certiorari from May 16, 2018 to July 15, 2018, submitted to Justice Kagan.

Attorneys

Carltez Taylor
Matthew Jon McGovernMcGovern Law Office, Petitioner
State of Indiana
Thomas M. Fisher — Respondent
Stephen Richard Creason — Respondent