No. 19-6092

Jonothan E. Prather v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al.

Lower Court: Third Circuit
Docketed: 2019-10-01
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 8th-amendment constitutional-rights cruel-and-unusual-punishment eighth-amendment equal-protection fourteenth-amendment juvenile-sentencing miller-v-alabama montgomery-v-louisiana petition-timeliness retroactivity timeliness
Key Terms:
DueProcess FourthAmendment HabeasCorpus Punishment
Latest Conference: 2019-12-06
Question Presented (AI Summary)

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 Presented (OCR Extract)

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

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2019)

Attorneys

Jonothan E. Prather
Jonothan E. Prather — Petitioner
Jonothan E. Prather — Petitioner