Jeremy Jermaine Brooks v. James M. LeBlanc, Louisiana Department of Public Safety and Corrections
DueProcess JusticiabilityDoctri
Whether Louisiana murder statutes satisfy the holdings announced in Miller/Montgomery
QUESTION PRESENTED FOR REVIEW This case raises pressing issues of significant importance: whether Louisiana murder statutes satisfy the holdings announced in Miller/Montgomery invalidating life without parole for juvenile offenders “whose crime reflect an unfortunate yet transient immaturity’ absent legislative language in the murder statutes penalty provision themselves that authorizes the trial court to impose a sentence of life with parole. The following questions are presented. Did the Fifth Circuit Justice err in applying the Mootness Doctrine to justify the denial of a certificate of appealability? Does the murder statutes in Louisiana, as applied to juvenile offenders, violate the Fifth and Fourteenth Amendments principle of fair notice and due process where the statutory text fail to provide prescribe penalties for juvenile offenders? Does the murder statutes in Louisiana violate the Fourteenth Amendment where they fail to designate fife with parole language in the penalty provision? Does the murder statutes in Louisiana violate the Eighth and Fourteenth Amendments where they fall to guarantee a proportionate sentence? +