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Struve v. Struve

The court affirmed that petitioners failed to prove their father was a "vulnerable elder" under Iowa law. This meant the claims of exploitation in farmland deals could not proceed.

undue influencevulnerable elderfinancial exploitationcognitive function evaluationdementiamental health
(2019)

Marshall v. State

The court upheld a 21-year-old's 15-year burglary sentence. Protections for juveniles did not apply as he was an adult at the time of the offense and did not receive a life sentence.

mandatory sentenceGrahamMillerjuvenile sentencingemerging adults life sentence
(2019)

Commonwealth v. Machicote

The court ruled a juvenile’s 30-years-to-life sentence violated Eighth Amendment rights by not adequately considering youth factors. The defendant committed murder as a juvenile.

juvenile offendersecond-degree murderlife without paroleLWOPjuvenile life without paroleJLWOPEighth AmendmentMiller v. Alabama
(2019)

U.S. v. Sparks

The Fifth Circuit affirmed a 35-year sentence for crimes committed at age sixteen. The Court held this sentence did not violate the Eighth Amendment's prohibition against life without parole for juveniles.

juvenile offenderjuvenile life without paroleJLWOPEighth Amendmentcruel and unusual punishment
(2019)

State v. Shanahan

The Idaho Supreme Court ruled a juvenile offender's long fixed-term, indeterminate life sentence was not a de facto life sentence. This meant it did not violate the Eighth Amendment under Miller v. Alabama.

juvenile offenderjuvenile sentencingde facto life without parolejuvenile life without paroleJLWOPMiller v. Alabama
(2019)

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)

Neuroscientific evidence in the courtroom: A review

Neuroscientific evidence can mitigate legal decisions, but brain imaging does not hold special persuasive power. The findings offer insights for scientists, legal scholars, judges, and jurors.

Neuroscience explanationLegal decisionsLawNeuroimagesNeuroimagingPersuasionSeductive allure
(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)