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Brief of Faith Leaders in Philadelphia and Beyond as Amici Curiae in Support of Defendant/Counterclaim Plaintiff Safehouse

This brief argues that blocking Safehouse's overdose prevention site burdens the religious freedom of its board members. Their faith traditions command saving lives and providing care, which Safehouse aims to do.

SafehouseReligious Freedom Restoration Act (RFRA)overdose-prevention site Controlled Substances Act (CSA)religious freedomharm reduction
(2020)

Brief of 21 Amici Curiae Groups Interested in Domestic Violence Issues and Women's and Immigrants' Rights, In Support of Petitioner

The brief argues a domestic violence survivor should receive immigration relief. It claims her past crime should be re-evaluated considering her mental state and coercion, and that she faces a high risk of torture if returned to Mexico.

domestic violencewithholding of removalimmigration judgesdangerousnessmental healthtrauma
(2020)

Brief of National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Appellant and Reversal

The brief argues that capital defense lawyers must fully investigate all potential mitigating evidence, including childhood abuse. It contends Gary Terry's lawyers failed this duty, not presenting readily available evidence of his abuse.

Capital defensemitigating evidencedeath penaltychildhood abusebrain damageneurological dysfunctionpenalty phase strategy
(2020)

Brief of the Committee for Public Counsel Services and the Health in Justice Action Lab at Northeastern University of Law joined by Massachusetts Association of Criminal Defense Lawyers

This brief argues that Jesse Carrillo’s convictions for drug distribution and involuntary manslaughter should be overturned. It asserts his actions were not reckless and that he should have been charged with simple drug possession instead.

involuntary manslaughterdrug distributionheroin addiction accidental overdosesimple drug possessionjoint venturewanton or reckless conductopioid crisisdrug-induced homicidenaloxone
(2019)

Brief of Fred T. Korematsu Center for Law and Equality as Amicus Curiae in Support of Petitioners

This brief argues that individuals serving life without parole for crimes committed between 18 and 21 years old should have their sentences reconsidered.

mitigating qualities of youthage21 year oldsrecidivist statutes18-21 year oldsemerging adultsproportionate sentences
(2019)

Brief of Fred T. Korematsu Center for Law and Equality, American Civil Liberties Union of Washington, Washington Association of Criminal Defense Lawyers, and Washington Defender Association as Amici Curiae in Support of Respondent

This brief argues that courts should set minimum sentences for juveniles at the statutory minimum unless proven incorrigible. It contends that identifying an "irreparably corrupt" youth is too difficult and risks unfairly long sentences.

hallmark features of youthjuvenile offendersMillermeaningful opportunity for releasematurityrehabilitationjuvenile vulnerabilitypeer pressurerisk-takingimpulsivityindeterminate sentences
(2019)

Brief of Amici Curiae Justice for All Alliance in Support of Petitioner

This brief argues that executing murderers under 18 is not cruel and unusual punishment. It contends that the Court should assess each juvenile's moral culpability individually, rather than grouping them by age.

agemoral culpabilitymitigating factorjuvenile executiondeath penaltypremeditatedmurder Eighth Amendment (U.S.)cruel and unusual punishment
(2019)

Memorandum of Amicus Curiae Fred T. Korematsu Center for Law and Equality in Support of Petition for Review

This brief argues a 17-year-old was wrongly sentenced as an adult without considering his youth. It claims the state should prove a child's adult-level culpability, not require the child to prove diminished responsibility.

presumption of mitigationadult courtdiminished culpabilitytransferschildrenyouthjuvenile offenderssentencing
(2019)

Brief of Former WV Delegate John Ellem, Former HI Rep. Karen Awana, HI Rep. John Mizuno, NV Assemblyman John Hambrick, VT Rep. Barbara Rachelson, UT Rep. V. Lowry Snow, AR Sen. Missy Irvin, and AR Sen. Greg Leding as Amici Curiae in Support of Respondent

The brief argues that Miller and Montgomery apply to all juvenile life without parole sentences, not just mandatory ones. Most states have already adopted this view in their laws or court rulings.

discretionary life without parole sentencescruel and unusual punishmentEighth Amendment (U.S.)mitigating factors of youthMillerMontgomery
(2019)

Brief Amici Curiae of Erwin Chemerinsky, Aziz Huq, Leah Litman, David Strauss, Carlos Vázquez, and Larry Yackle in Support of Respondent

Lee Malvo argues his life without parole sentence as a juvenile is unconstitutional. He claims current law requires considering a juvenile's youth and only allows such sentences for the rarest, irreparably corrupt offenders.

transient immaturitytemporary immaturityTeagueMillercollateral reviewsubstantive rulesLWOPlife without paroleattributes of youthpermanently incorrigible
(2019)

Brief of Scholars of Criminal Law as Amici Curiae in Support of Petitioner

This brief argues that sentencing a juvenile to life without parole is unconstitutional without a finding of permanent incorrigibility. It contends that evidence of a child's rehabilitation should prevent such a sentence.

beyond rehabilitationincorrigibilityLWOPlife without paroleMillerMontgomerydiminished culpabilitylesser blameworthinessEighth Amendment (U.S.)proportionate sentences
(2019)

Brief for the United States as Amicus Curiae Supporting Petitioner

This brief argues that past Supreme Court decisions do not allow retroactively invalidating discretionary life-without-parole sentences for juveniles. It asserts that prior rulings only applied to mandatory, not discretionary, sentences.

Eighth Amendment (U.S.)17-year-oldMillerjuvenile murdererretroactive reliefresentencingdiscretionary LWOPMontgomerydiscretionary life without parole sentences
(2019)

Amicus Curiae Brief of Maryland Crime Victims' Resource Center, Inc., in Support of Petitioner

The brief argues that courts must consider victims' interests, not just defendants', when applying sentencing laws. It asserts that requiring specific findings for juvenile life sentences creates undue harm for victims.

discretionary life sentenceslife without paroleLWOPMillerMontgomerymandatory life without parolestate sovereigntyvictims' rightsresentencingretroactive relief
(2019)

Brief of Amici Curiae Current and Former Prosecutors, Department of Justice Officials, and Judges in Support of Respondent

The brief argues that sentencing children to life without parole is unconstitutional, as juvenile crimes often reflect temporary immaturity. It contends this rule applies to all juvenile offenders, regardless of how they were sentenced.

proportionate sentencesMillerMontgomeryEighth Amendment (U.S.)transient immaturitytemporary immaturitylife without paroleLWOPculpabilityblameworthiness
(2019)

Brief of Amici Curiae Current and Former Prosecutors, Department of Justice Officials, and Judges in Support of Respondent

This brief argues that sentences for juvenile offenders must consider their age and maturity, regardless of sentencing scheme. It asserts that life without parole is unconstitutional for most children, reflecting transient immaturity.

irreparable corruptiondisproportionate sentencetransient immaturitytemporary immaturityLWOPlife without parolemandatory sentencingMillerMontgomery
(2019)
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