DueProcess Punishment
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 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