No. 20-6775

Dantazias Raines v. Georgia

Lower Court: Georgia
Docketed: 2021-01-05
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: criminal-procedure eighth-amendment jury-trial juvenile-sentencing life-without-parole montgomery-v-louisiana permanent-incorrigibility sixth-amendment
Key Terms:
DueProcess Punishment
Latest Conference: 2021-05-20 (distributed 2 times)
Question Presented (AI Summary)

Does a juvenile have a Sixth Amendment right to have a jury decide whether he is permanently incorrigible, and thus eligible to be sentenced to life without parole?

Question Presented (OCR Extract)

QUESTION PRESENTED Dantazias Raines was sentenced to life without parole for a botched robbery that ended in a death when he was seventeen years old. After the Supreme Court of Georgia remanded the case for resentencing pursuant to Montgomery v. Louisiana, 136 S. Ct. 718 (2016), Mr. Raines requested that a jury determine whether his crime reflected “irreparable corruption” or “permanent incorrigibility,” a prerequisite to his eligibility to be sentenced to life without parole. The trial court denied the request. On appeal, the Supreme Court of Georgia affirmed, but acknowledged the split of authority among state courts that have addressed this issue. See Raines v. State, 845 S.E.2d 618, 624 n.12 (Ga. 2020). Meanwhile, this Court granted certiorari and heard argument in Brett Jones v. State of Mississippi, No. 18-1259, to decide “whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole.” The answer to that question will inform the answer to the question presented in this case: Does a juvenile have a Sixth Amendment right to have a jury decide whether he is permanently incorrigible, and thus eligible to be sentenced to life without parole? i

Docket Entries

2021-05-24
Petition DENIED.
2021-05-05
DISTRIBUTED for Conference of 5/20/2021.
2021-04-30
Reply of petitioner Dantazias Raines filed.
2021-04-19
Brief of respondent State of Georgia in opposition filed.
2021-03-04
Motion to extend the time to file a response is granted and the time is extended to and including April 19, 2021.
2021-03-03
Motion to extend the time to file a response from March 18, 2021 to April 19, 2021, submitted to The Clerk.
2021-02-16
Response Requested. (Due March 18, 2021)
2021-02-11
DISTRIBUTED for Conference of 2/26/2021.
2021-02-04
Waiver of right of respondent State of Georgia to respond filed.
2020-11-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 4, 2021)

Attorneys

Dantazias Raines
Mark Aaron Loudon-BrownThe Southern Center for Human Rights, Petitioner
State of Georgia
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent