No. 19-91

Michele Buckner, Warden v. Robert W. Allen

Lower Court: Missouri
Docketed: 2019-07-18
Status: Denied
Type: Paid
Experienced Counsel
Tags: consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment habeas-corpus habeas-relief juvenile-offender juvenile-sentencing life-without-parole parole-eligibility
Key Terms:
SocialSecurity Punishment HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether a State may sentence a juvenile offender convicted of multiple crimes to multiple consecutive terms of years in prison under which the offender has aggregate parole eligibility after serving 53 years, including a mandatory term of imprisonment without parole for 50 years, under the Eighth Amendment

Question Presented (OCR Extract)

QUESTION PRESENTED The Eighth Amendment to the _ federal Constitution prohibits a State from inflicting cruel and unusual punishment. U.S. Const. amend. viii. This Court has interpreted the Eighth Amendment to prohibit a mandatory sentence of life in prison without parole for a juvenile offender convicted of a single homicide offense, Miller v. Alabama, 567 U.S. 460 (2012), and to prohibit any sentence of life in prison without parole for a juvenile offender convicted of a single nonhomicide offense, Graham v. Florida, 560 U.S. 48 (2010). The juvenile offender in this case committed three offences at age 16—capital murder, first-degree murder, and armed criminal action. He received three consecutive sentences for his three crimes—a mandatory sentence of life in prison without parole for 50 years, a mandatory life sentence, and a discretionary life sentence, one of which renders him ineligible for parole for another three years. A Missouri state appellate court granted him habeas relief. The question presented is Under the Eighth Amendment, may a State sentence a juvenile offender convicted of multiple crimes to multiple consecutive terms of years in prison under which the offender has aggregate parole eligibility after serving 53 years, including a mandatory term of imprisonment without parole for 50 years?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-21
DISTRIBUTED for Conference of 10/1/2019.
2019-08-19
Reply of petitioner Michele Buckner filed.
2019-08-02
Brief of respondent Robert W. Allen in opposition filed.
2019-07-03
Petition for a writ of certiorari filed. (Response due August 19, 2019)
2019-05-29
Application (18A1227) granted by Justice Gorsuch extending the time to file until July 3, 2019.
2019-05-24
Application (18A1227) to extend the time to file a petition for a writ of certiorari from June 3, 2019 to July 3, 2019, submitted to Justice Gorsuch.

Attorneys

Michele Buckner
D. John SauerOffice of the Attorney General, Petitioner
Robert W. Allen
Stuart BannerUCLA School of Law Supreme Court Clinic, Respondent