No. 19-6006

Nicholas Wilkerson v. Alabama

Lower Court: Alabama
Docketed: 2019-09-19
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: 8th-amendment constitutional-rights criminal-procedure eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama rehabilitation sentencing sentencing-hearing
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2020-05-15 (distributed 2 times)
Question Presented (AI Summary)

Does the Eighth Amendment require a factual finding to determine to which class a given juvenile belongs?

Question Presented (OCR Extract)

QUESTION PRESENTED The Eighth Amendment prohibits life-without-parole sentences for all but the rarest juveniles who exhibit a lack of rehabilitative potential due their irretrievable depravity and irreparable corruption. To enforce this constitutional rule, Miller requires specialized hearings to separate juvenile homicide offenders into two classes: (1) those who may be sentenced to life without parole and (2) those who may not be sentenced to life without parole. Does the Eighth Amendment require a factual finding to determine to which class a given juvenile belongs? i

Docket Entries

2020-05-18
Petition DENIED.
2020-05-12
Reply of Nicholas Wilkerson submitted.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2020-02-26
Brief of respondent Alabama in opposition filed.
2020-02-04
Motion to extend the time to file a response is granted and the time is further extended to and including February 26, 2020.
2020-02-03
Motion to extend the time to file a response from February 12, 2020 to February 26, 2020, submitted to The Clerk.
2019-12-27
Motion to extend the time to file a response is granted and the time is extended to and including February 12, 2020.
2019-12-24
Motion to extend the time to file a response from January 13, 2020 to February 12, 2020, submitted to The Clerk.
2019-12-02
Motion to extend the time to file a response is granted and the time is extended to and including January 13, 2020.
2019-11-21
Motion to extend the time to file a response from December 12, 2019 to January 13, 2020, submitted to The Clerk.
2019-11-12
Response Requested. (Due December 12, 2019)
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-09-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 21, 2019)
2019-07-10
Application (19A18) granted by Justice Thomas extending the time to file until September 9, 2019.
2019-06-26
Application (19A18) to extend the time to file a petition for a writ of certiorari from July 11, 2019 to September 9, 2019, submitted to Justice Thomas.

Attorneys

Alabama
Edmund Gerard LaCour Jr.Office of the Attorney General, Respondent
Nicholas Wilkerson
John Douglas LloydThe Law Office of J.D. Lloyd, Petitioner