No. 21-5391
Response WaivedIFP
Tags: 8th-amendment criminal-procedure cruel-and-unusual-punishment family-violence felony-murder juvenile-justice juvenile-sentencing life-without-parole miller-v-alabama mitigating-factors sentencing sentencing-discretion
Key Terms:
DueProcess Punishment
DueProcess Punishment
Latest Conference:
2021-09-27
Question Presented (AI Summary)
Does a court violate Miller when it refuses to consider childhood trauma as mitigating when sentencing a child to life without parole?
Question Presented (OCR Extract)
ESTION PRESENTED Jermontae Moss was sentenced to life without parole for a felony murder that occurred when he was seventeen years old. Though Jermontae was a child, the judge refused to consider that the violence that permeated his family’s home could have mitigated his role in the offense. The judge stated, “[I]nstead of being a mitigating factor in sentencing, an argument could be made that this is further indication that Defendant is now irretrievably corrupt.”
Docket Entries
2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-25
Waiver of right of respondent Georgia to respond filed.
2021-08-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2021)
Attorneys
Georgia
Ross Warren Bergethon — Georgia Department of Law, Respondent
Jermontae Moss
Mark Aaron Loudon-Brown — The Southern Center for Human Rights, Petitioner