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Juvenile Law Center Brief on Behalf of Petitioner Lucero

This brief argues an 84-year sentence for a juvenile nonhomicide offender is unconstitutional. It claims a 42-year parole ineligibility period is effectively life without parole, violating the Eighth Amendment.

meaningful opportunity for releaseMillerGrahamchildrenjuvenile offendersEighth Amendment (U.S.)de facto life without parolenonhomicidelessened culpabilitycapacity for rehabilitationdevelopmental characteristicsdiminished culpabilitylessened blameworthiness
(2015)

Application to File Amicus Curiae Brief and Brief of Juvenile Law Center, et al., as Amici Curiae on Behalf of Appellant

The brief argues that a 77-year-to-life sentence for a juvenile is unconstitutional, functionally equivalent to life without parole. It contends that the sentencing court failed to consider the defendant's youth as required by law.

Millerretroactive applicationresentencinglessened culpabilitymitigating factorslessened blameworthinesscapacity for changelife without paroleLWOPde facto life without paroleageage-related characteristicsjuvenilefinalitymeaningful opportunity for releaseEighth Amendment (U.S.)adolescent development
(2015)

Brief of Amicus Curiae Juvenile Law Center on Behalf of Appellant Eric Long in Support of Jurisdiction

This brief argues that discretionary life without parole sentences for juveniles are unconstitutional. It asserts that such sentences should rarely be imposed and seeks clear guidelines for their use.

mitigating factoryouthJLWOPMillerintent to killhomicideimmaturitypresumption of immaturitycomplicity
(2015)

Brief of Amici Curiae in Support of Appellant Submitted by the Washington Defender Association, Black Prisoners Caucus, Columbia Legal Services, the American Civil Liberties Union of Washington Foundation, and TeamChild et al.

This brief argues that courts should consider a defendant's youth during sentencing, citing neuroscience and Supreme Court precedent. It asserts that youth can lessen a person's blame for a crime.

brain developmentneurological developmentmitigating circumstancesyouthculpabilityblameworthinessintellectual disabilityindividual circumstances
(2015)

Brief of Amici Curiae:Juvenile Law Center and American Probation And Parole Association et al., in Support of Appellant, Petitioner on Review

This brief urges the Court to review a decision that lowers the bar for trying children as adults. It argues that the appeals court ignored scientific understanding of youth development and legislative intent.

due processwaiver statuteadolescent development individual determination of child culpabilityblameworthiness
(2015)

Brief of Amici Curiae Juvenile Law Center, et al. Supporting Respondent Jerri Smiley

The brief argues Missouri's mandatory minimum sentence for armed felonies is unconstitutional for juveniles. It prevents judges from considering a child's unique characteristics and reduced culpability during sentencing.

MillerGrahamRopermandatory sentencingadolescent's reduced culpability (blameworthiness)adolescent developmentblameworthinessreduced culpability
(2015)

Brief of Amici Curiae State of Michigan and 15 Other States in Support of Respondent

This brief argues against retroactively applying a ruling that changed sentencing for juvenile offenders. It asserts the original ruling was procedural, not substantive, meaning it doesn't change what sentence can be imposed.

retroactive reliefMillerEighth AmendmentJWLOPjuvenile life without paroleresentencing
(2015)

Brief of the National District Attorneys Association and Other Prosecutors’ Associations as Amici Curiae in Support of Louisiana

Prosecutors argue that applying the Miller rule retroactively creates unique difficulties, unlike other substantive legal changes.

retroactive reliefMillerJLWOPpost-conviction Miller hearingsvictims
(2015)

Brief of the Charles Hamilton Houston Institute for Race and Justice and the Criminal Justice Institute as Amici Curiae in Support of Neither Party

This brief argues the Court should not decide if Miller v. Alabama is retroactive. Instead, it suggests the Court consider if juvenile life without parole is always unconstitutional under the Eighth Amendment.

retroactive reliefpost-MillerJLWOPtransient immaturitydiminished culpabilitycapacity for changeincorrigibilityexcessive punishmentEighth Amendment (U.S.)national standards of decency
(2015)

Brief of Former Juvenile Court Judges as Amici Curiae in Support of Petitioner

This brief argues that the Supreme Court's ruling against mandatory life without parole for juveniles should apply retroactively. It asserts that this change is a new substantive rule and is practically feasible to implement.

attributes of youthresentencingretroactive reliefMillercapacity for rehabilitationagejuvenile offendershomicidemurder
(2015)

Brief of Amici Curiae of Certain Family Members of Victims Killed by Youths in Support of Petitioner

This brief argues that mandatory life sentences for youth without parole should apply retroactively. It seeks to extend the 2012 Miller v. Alabama decision to those sentenced before it, honoring victims by promoting mercy and redemption.

MillerJLWOPretroactive reliefvictimschild offenderpermanent retributionmurder
(2015)

Brief for the United States as Amicus Curiae Supporting Petitioner

This brief argues that the Supreme Court's ruling in *Miller v. Alabama*, which prohibits mandatory life without parole for juveniles, applies retroactively. The ruling is a new, substantive change that should impact past convictions.

Millerretroactive reliefresentencingJLWOPTeaguejuvenile life without parole
(2015)

Brief Amicus Curiae of the American Civil Liberties Union and the ACLU of Louisiana, in Support of Petitioner

This brief argues that the Miller v. Alabama ruling, which bans mandatory life without parole for juveniles, should apply retroactively. It asserts this rule is either substantive or a critical procedural "watershed" exception.

capacity for changediminished culpabilityTeagueMillerretroactive reliefdisproportionate sentencesindividualized sentencingfundamentally fair sentencingJLWOP
(2015)

Brief of Amicus Curiae American Bar Association in Support of Petitioner

The ABA argues that Miller v. Alabama made juvenile life without parole sentences unconstitutional in most cases. This rule should apply retroactively, allowing many previously sentenced juveniles to be resentenced.

Millerretroactive reliefresentencingJLWOPjuvenile offenders
(2015)

Brief of Amici Curiae Pascal F. Calogero, Jr., Burk Foster, John Whitley, and the Louisiana Center for Children’s Rights in Support of Petitioner

The brief argues against mandatory life without parole for juveniles, stating it violates the Eighth Amendment. It asserts that young offenders can rehabilitate and should have a chance for parole, even in serious cases.

JLWOPhomicidejuvenile capacity for rehabilitationunique characteristics of juveniles
(2015)
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