No. 20-6396

Michael John Bever v. Oklahoma

Lower Court: Oklahoma
Docketed: 2020-11-20
Status: Denied
Type: IFP
IFP
Tags: consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment eighth-amendment-review jury-finding juvenile-offender juvenile-sentencing sentencing sixth-amendment
Key Terms:
DueProcess Punishment
Latest Conference: 2021-01-22
Question Presented (AI Summary)

Whether a judge's decision to sentence a juvenile offender to consecutive terms is exempt from Eighth Amendment review

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a judge’s decision to sentence a juvenile offender to consecutive terms is exempt from Eighth Amendment review. 2. Whether a judge’s decision to run Petitioner’s sentences consecutively for an aggregate no-parole term of 215 years violates the Eighth Amendment when a jury has made a specific finding that the State had not proven Petitioner to be permanently incorrigible and irreparably corrupt. 3. Whether — given the jury’s finding that the State had not proven Petitioner to be permanently incorrigible and irreparably corrupt — the Sixth Amendment requires Petitioner’s sentences to run concurrently in order to provide him with a meaningful opportunity for release. i

Docket Entries

2021-01-25
Petition DENIED.
2021-01-07
DISTRIBUTED for Conference of 1/22/2021.
2020-11-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2020)

Attorneys

Michael Bever
Stuart W. SoutherlandTulsa County Public Defender's Office, Petitioner
Stuart W. SoutherlandTulsa County Public Defender's Office, Petitioner