No. 19-298

Fernando Juarez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-09-04
Status: Denied
Type: Paid
Tags: criminal-procedure cruel-and-unusual-punishment de-facto-life-without-parole eighth-amendment ex-post-facto ex-post-facto-clause fourteenth-amendment habeas-corpus juvenile-sentencing miller-v-alabama sentencing-hearing sentencing-law
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2019-11-01
Question Presented (AI Summary)

Does an automatic life-without-parole sentence for juveniles violate the Eighth Amendment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED In the context of 28 U.S.C. § 2254(d), which allows an application for a writ of habeas corpus on behalf of a person in custody under a state-court judgment to be granted with respect to a claim that was adjudicated on the merits in state-court only if the adjudication of the claim was: (i) contrary to or involved an unreasonable application of clearly established Federal law as determined by this Court; or (ii) based on an unreasonable determination of the facts considering the evidence presented in state court, Petitioner presents these questions: 1. Does an automatic sentence of life in prison with no possibility of parole for 40 years violate the Eighth and Fourteenth Amendments under Miller v. Alabama because it is a de facto life-withoutparole sentence? 2. Does a sentencing-law enacted after the date of an offense that inflicts a greater punishment than what was constitutionally available on the date of the offense violate the Ex Post Facto Clause of U.S. Const. Art. I, § 10?

Docket Entries

2019-11-04
Petition DENIED.
2019-10-16
DISTRIBUTED for Conference of 11/1/2019.
2019-08-30
Petition for a writ of certiorari filed. (Response due October 4, 2019)

Attorneys

Fernando Juarez
Michael MowlaMichael Mowla, Petitioner
Michael MowlaMichael Mowla, Petitioner