No. 19-8057
Response WaivedIFP
Tags: 8th-amendment de-facto-life-sentence eighth-amendment juvenile-sentencing miller-rule miller-v-alabama montgomery-precedent montgomery-v-louisiana parole parole-system
Key Terms:
Punishment HabeasCorpus
Punishment HabeasCorpus
Latest Conference:
2020-05-15
Question Presented (AI Summary)
Does the substantive rule of Miller v. Alabama apply to de facto life sentences for juveniles?
Question Presented (OCR Extract)
QUESTIONS PRESENTED FOR REVIEW 1, Does the substantive rule of Miller v. Alabama, 567 U.S. 460 (2012), apply to de facto life sentences for juveniles, as the solid majority of jurisdictions to consider the question have held? 2. Does Brown’s 100-year sentence, with earliest possible release at age 62, constitute a de facto life sentence? 3. Did the Indiana Court of Appeals misinterpret Montgomery v. Louisiana, 136 S.Ct. 718 (2016), when it held that Indiana’s parole system, which provides no discretion or opportunity to present evidence of rehabilitation, was an adequate remedy for a Miller violation? Page 2 of 22
Docket Entries
2020-05-18
Petition DENIED.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2020-04-22
Waiver of right of respondent Indiana to respond filed.
2020-03-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2020)
Attorneys
Aaron Brown
Meggan Elizabeth Smith — Public Defender of Indiana, Petitioner
Meggan Elizabeth Smith — Public Defender of Indiana, Petitioner