Jonothan E. Prather v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al.
DueProcess FourthAmendment HabeasCorpus Punishment
Whether the lower courts erred in dismissing the Petitioner's petition as untimely and in finding that the newly recognized constitutional right set forth in Miller v. Alabama and Montgomery v. Louisiana are inapplicable to the Petitioner, and whether the lower courts erred in denying the Petitioner relief based on his age in violation of his 8th Amendment and 14th Amendment rights
QUESTION(S) PRESENTED | The lower courts and the respondents claim that the Petitioner's petition is untimely and should be dismissed as such. Il The lower courts and the respondents claim that the newly recognized constitutional right set forth in Miller v. Alabama, 132 S.Ct. 2455 (2012), made retroactive by Montgomery v. Louisiana, 136 S.Ct. 718 (2016) are inapplicable to the Petitioner. Ill The lower courts and the respondent claim that Petitioner is not entitled to relief based on his age, violating his 8th Amendment Rights against Cruel and Unusual Punishment and Equal Protection Rights guaranteed by the 14th Amendment. 2