Whether a life sentence without parole for recidivist public indecency violates the Eighth Amendment's prohibition on cruel and unusual punishment

QUESTION PRESENTED In Graham v. Florida, this Court applied a categorical approach to the Eighth Amendment in holding that life without parole constituted cruel and unusual punishment when applied to juveniles who commit non-capital offenses, stating: “[L]ife without parole sentences share some characteristics with death sentences that are shared by no other sentences.” 560 U.S. 48, 69 (2010). Mr. Iversen committed public indecency by exposing his genitals in public, a misdemeanor under state law. Two recidivist statutes applied to transform the one-year statutory maximum for a misdemeanor into a sentence to life without parole for public indecency. Despite the petitioner’s invocation of Graham’s categorical approach, which looks to intraand comparisons, the Ninth Circuit affirmed the denial of relief, ignoring comparisons with all States, and the treatment of murderers within Oregon. These comparisons establish that life without parole constitutes grossly disproportionate punishment for recidivist public indecency. The question presented is: Whether Mr. Iversen’s sentence to life without parole for publicly exposing his genitals constitutes cruel and unusual punishment under the Eighth Amendment.