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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)

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)
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