U.S. Supreme Court to Address Question of Miller Retroactivity

Juvenile Law Center,

Today, the United States Supreme Court granted review in Montgomery v. Louisiana, addressing the question of whether Miller v. Alabama (2012) applies retroactively to individuals serving mandatory juvenile life without parole sentences. Though Miller found that mandatory life without parole sentences are unconstitutional for juvenile offenders, four states (Louisiana, Michigan, Minnesota, and Pennsylvania) have refused to apply Miller to older cases where the conviction was final before the Supreme Court's 2012 decision. Ten other states, however, have held that all juveniles serving mandatory life without parole sentences are entitled to new sentencing hearings in accordance with the guidelines set forth by Justice Kagan.

This is the second time this year that the Supreme Court has taken up the issue of Miller’s retroactivity. The Court’s earlier grant of review in Toca v. Louisiana was dismissed following a negotiated agreement between Mr. Toca and the District Attorney that allowed Mr. Toca to leave prison after serving 30 years for a homicide he had always claimed he did not commit.

Juvenile Law Center is hopeful that the U.S. Supreme Court will rule in Montgomery that all juvenile offenders serving mandatory life without parole sentences must have the opportunity to receive new sentencing hearings in which their age and potential for rehabilitation can be considered. Justice should not depend on geography or the arbitrary date a conviction became final.

Juvenile Law Center expects to participate as an amicus in this Supreme Court case. The case will be decided in the Court’s 2015-2016 term.

Click here to read the U.S. Supreme Court’s order.

Click here to read the Petition for Certiorari.

 

 

Image credit: "SCOTUS" by barbndc licensed under CC Attribution 2.0.