No. 23-6393

Jeremy Jermaine Brooks v. James M. LeBlanc, Louisiana Department of Public Safety and Corrections

Lower Court: Fifth Circuit
Docketed: 2023-12-28
Status: Denied
Type: IFP
IFP
Tags: constitutional-proportionality due-process eighth-amendment fair-notice juvenile-offenders juvenile-sentencing life-without-parole miller-montgomery-rule mootness-doctrine proportionate-sentencing
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2024-02-23
Question Presented (AI Summary)

Whether Louisiana murder statutes satisfy the holdings announced in Miller/Montgomery

Question Presented (OCR Extract)

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? +

Docket Entries

2024-02-26
Petition DENIED.
2024-02-08
DISTRIBUTED for Conference of 2/23/2024.
2023-12-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 29, 2024)

Attorneys

Jeremy Jermaine Brooks
Jeremy Jermaine Brooks — Petitioner