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Brief of Amici Curiae the Virginia Association of Criminal Defense Lawyers, the Virginia Capital Representation Resource Center, the Virginia Capital Case Clearinghouse, and the Virginia Indigent Defense Commission in Support of Respondent

This brief argues Virginia's juvenile sentencing system violates prior rulings by not individually assessing youth and rehabilitation potential.

diminished culpabilityMillerdiscretionary sentencingretroactive reliefresentencingJLWOPjuvenile life without parolecapacity for rehabilitationtransient immaturity
(2019)

Brief of the American Bar Association as Amicus Curiae in Support of Respondent

This brief argues that juveniles cannot be sentenced to life without parole unless their crime reflects irreparable corruption, not just transient immaturity. It urges the Court to reaffirm its prior ruling in Miller.

transient immaturityMillerMontgomeryrule of lawLWOPlife without paroleirreparable corruptionbeyond rehabilitation
(2019)

Brief of Indiana, Alabama, Arkansas, Florida, Georgia, Idaho, Louisiana, Montana, Nebraska, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming as Amici Curiae in Support of Petitioner

The brief argues the Eighth Amendment does not require a specific finding of "irreparable corruption" for life-without-parole sentences for juvenile homicide offenders.

MillerMontgomeryretroactive reliefresentencingjuvenile murderersmandatory LWOPjuvenile life without paroleEighth Amendment (U.S.)
(2019)

Brief Amicus Curiae of the Criminal Justice Legal Foundation in Support of Petitioner

This brief argues that Miller v. Alabama only applies to mandatory life without parole sentences for juveniles. Virginia's sentencing scheme was discretionary, allowing for mitigation, so Miller and Montgomery do not apply to Malvo's case.

Montgomerymurder17-year-oldEighth Amendment (U.S.)discretionary sentencing hearingmandatory LWOPmandatory life without parole sentence
(2019)

Liu v. Securities and Exchange Commission: Brief of Amicus Curiae Securities Industry and Financial Markets Association in Support of Petitioner

This brief argues the SEC's demand for disgorgement exceeds equitable limits and established legal precedent, supporting the petitioner's position.

equitable reliefcivil penaltiesSecurities Exchange Act of 1934
(2019)

Brief of the Promise of Justice Initiative and National Association for Public Defense as Amici Curiae in Support of Petitioner

This brief argues that Mr. McKinney's death sentence relies on outdated understandings of PTSD and trauma. It asserts that his horrific childhood abuse and neglect were not adequately considered.

childhood abuseneglectPost-Traumatic Stress DisorderPTSDdeath sentencemitigationtraumaleniency
(2019)

Brief of Amici Curiae Kenneth Wyniemko and the Innocence Project

The brief argues that showup identifications are inherently unreliable and often lead to wrongful convictions. It contends that the stationhouse showup of Mr. Sammons was unnecessarily suggestive and violated his rights.

showupseyewitness identificationwrongful convictionsmisidentificationsuggestive identificationlineup procedure
(2019)

Brief of Amici Curiae the Innocence Project, Inc. and the Midwest Innocence Project in Support of Appellant

This brief argues that eyewitness identification is often unreliable and can lead to wrongful convictions. It asks the Court to allow expert testimony on factors affecting eyewitness reliability.

eyewitness identificationexpert testimonywrongful convictionsreliabilitymisidentification
(2019)

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner

This brief argues that Roderick White's Sixth Amendment right to confront witnesses was violated.

Sixth AmendmentConfrontation Clausecross-examineout-of-court statementcross-examinerecanted statementDNA evidence
(2019)

Brief for the American Psychological Association as Amicus Curiae Supporting Appellant

This brief argues that due process protections for eyewitness identification apply regardless of who created the suggestive circumstances. It asserts that the focus should remain on reliability to prevent miscarriages of justice.

DNA exonerationseyewitness identificationssuggestive circumstancesreliabilitymisidentificationbehavioral science
(2019)

Brief Amici Curiae of Concerned Psychiatrists, Psychologists and Neuropsychologists in Support of Petition for Writ of Certiorari

The brief argues that new scientific consensus on brain development, trauma, and substance abuse means young adults may share cognitive characteristics with juveniles. It urges the Court to consider these factors in death penalty cases.

brain developmentbrain scienceEighth Amendment (U.S.)Roperyoung adultlate adolescentages 18 to 24
(2018)

Brief of Amici Curiae of 11 Addiction Experts in Support of Appellee

This brief argues against the brain disease model of addiction. It asserts that addiction is a set of behaviors responsive to consequences, not an involuntary condition like other brain diseases.

brain disease modeladdictionneurobiological correlatesbehavioral manifestationscontingencieschoicecriminal justicetreatment approachesscientific premisescriminal responsibility
(2018)

Amicus Curiae Brief of the American Civil Liberties Union of Massachusetts, Inc., The Center for Public Representation, and Prisoners' Legal Services in Support of the Petitioner

This brief argues that courts should not jail individuals with substance use disorder for relapsing on probation. It asserts that requiring an addicted person to remain drug-free is unjust and violates precedent.

Substance use disorderprobationrelapsedrug-free conditionincarcerationjudiciarylegal precedentrevocation of probationWar on Drugsaddiction treatment
(2018)

Brief for the Massachusetts Medical Society as Amicus Curiae, joined by AAAP, Association for Behavioral Healthcare, Grayken Center at BMC, MOAR, Mass. Society for Addiction Medicine, Northeastern Law’s Health Policy Center, and 28 others.

The brief argues that addiction is a chronic brain disease. Punishing relapse ignores medical consensus and hinders effective treatment, ultimately harming public health.

SUDAddictionRelapseBrain Disease Model of AddictionChronic Neurological DisorderSUD TreatmentPunitive ApproachIncarceration DSM-5Public Health
(2018)

Brief Amicus Curiae of Professors of Criminal Law, Criminal Procedure, and Constitutional Law in Support of Petitioner

This brief argues that courts must carefully consider a suspect's age, intelligence, and police tactics when deciding if a confession was voluntary. It claims lower courts ignored these factors, leading to a coerced confession.

special carevoluntariness analysisvulnerable personspsychological coercionintellectual impairmentjuvenile confessionssuggestibilityconfession reliability
(2018)
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