Montgomery v. Louisiana
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-280 | La. | Oct 13, 2015 | Jan 25, 2016 | 6-3 | Kennedy | OT 2015 |
Holding: 1) The Court has jurisdiction to decide whether a state supreme court correctly refused to give retroactive effect to the Court's 2012 decision in Miller v. Alabama, prohibiting mandatory sentences of life without the possibility of parole for juveniles; and (2) Miller announced a new substantive rule that, under the Constitution, is retroactive in cases on state collateral review.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Kennedy on January 25, 2016. Justice Scalia filed a dissenting opinion, in which Justices Thomas and Alito joined. Justice Thomas filed a dissenting opinion.
SCOTUSblog Coverage
- Academic highlight: Vázquez and Vladeck on the constitutional right to post-conviction review (Amanda Frost, November 15, 2017)
- Court sends Arizona life-without-parole cases back to state courts (Amy Howe, October 31, 2016)
- Opinion analysis: Further limit on life sentences for youthful criminals (Lyle Denniston, January 25, 2016)
- Argument analysis: A barrier to deciding juvenile sentencing issue? (Lyle Denniston, October 13, 2015)
- Argument preview: A new look -- maybe -- at life sentences for youths (Lyle Denniston, October 9, 2015)
- Academic highlight: Retroactivity of decisions setting new Eighth Amendment proportionality standards (Amanda Frost, September 29, 2015)
- As the 2015 Term opens: The Court's unusual Eighth Amendment focus (Rory Little, September 21, 2015)
- Juvenile sentencing argument expanded (Lyle Denniston, September 14, 2015)
- Criminal law grants for the October Term 2015 (Rory Little, July 23, 2015)
- Petition of the day (Maureen Johnston, February 19, 2015)
| Date | Proceedings and Orders |
|---|---|
| 09/05/2014 | Petition for a writ of certiorari filed. (Response due October 9, 2014) |
| 10/09/2014 | Waiver of right of respondent Louisiana to respond filed. |
| 10/22/2014 | DISTRIBUTED for Conference of November 7, 2014. |
| 11/03/2014 | Response Requested . (Due December 3, 2014) |
| 12/03/2014 | Brief of respondent Louisiana in opposition filed. |
| 12/10/2014 | Reply of petitioner Henry Montgomery filed. |
| 12/17/2014 | DISTRIBUTED for Conference of January 9, 2015. |
| 02/09/2015 | DISTRIBUTED for Conference of February 20, 2015. |
| 02/23/2015 | DISTRIBUTED for Conference of February 27, 2015. |
| 03/02/2015 | DISTRIBUTED for Conference of March 6, 2015. |
| 03/09/2015 | DISTRIBUTED for Conference of March 20, 2015. |
| 03/23/2015 | Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: "Do we have jurisdiction to decide whether the Supreme Court of Louisiana correctly refused to give retroactive effect in this case to our decision in Miller v. Alabama, 567 U. S. ____ (2012)?" |
| 03/30/2015 | Richard Bernstein, Esquire, of Washington, D. C., is invited to brief and argue, as amicus curiae, against this Court |
| 05/21/2015 | The time to file the brief of the Court-appointed amicus curiae is extended to and including June 16, 2015. |
| 05/21/2015 | The time to file petitioner's brief on the merits is extended to and including July 22, 2015. |
| 06/05/2015 | The time to file respondent's brief on the merits is extended to and including August 24, 2015. |
| 06/16/2015 | Brief of Court-appointed amicus curiae filed. |
| 07/01/2015 | Joint appendix filed. (Statement of costs filed) |
| 07/02/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 07/06/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 07/22/2015 | Brief of petitioner Henry Montgomery filed. |
| 07/23/2015 | Brief amici curiae of The American Civil Liberties Union and the ACLU of Louisiana filed. |
| 07/28/2015 | Brief amici curiae of Certain Family Members of Victims Killed by Youths filed. |
| 07/28/2015 | Brief amici curiae of Former Juvenile Court Judges filed. |
| 07/29/2015 | SET FOR ARGUMENT on Tuesday, October 13, 2015. |
| 07/29/2015 | Brief amici curiae of Equal Justice Initiative on Behalf of Dozens Sentenced to Die in Prison When They Were Children filed. |
| 07/29/2015 | Brief amicus curiae of Center on the Administration of Criminal Law in support of jurisdiction filed. |
| 07/29/2015 | Brief amicus curiae of the United States filed. |
| 07/29/2015 | Brief amicus curiae of American Bar Association filed. |
| 07/29/2015 | Brief amici curiae of Pascal F. Calogero, Jr., et al. filed. |
| 07/29/2015 | Brief amici curiae of Charles Houston Institute for Race and Justice, et al. in support of neither party filed. |
| 07/29/2015 | Brief amici curiae of Northwestern University School of Law's Children and Family Justice Center and Center on Wrongful Convictions of Youth, et al. filed. |
| 07/29/2015 | Brief amicus curiae of Professor Douglas A. Berman filed. |
| 08/12/2015 | Record requested from the Supreme Court of Louisiana. |
| 08/12/2015 | Reply briefs are to be filed in compliance with Rule 25.3. |
| 08/17/2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 08/19/2015 | Motion for enlargement of time for oral argument and for divided argument filed by the parties. |
| 08/24/2015 | Brief of respondent Louisiana filed. (Distributed) |
| 08/31/2015 | CIRCULATED |
| 08/31/2015 | Brief amici curiae of Michigan and 15 Other States filed (Reprinted). (Distributed) |
| 08/31/2015 | Brief amici curiae of Becky Wilson and the National Association of Victims of Juvenile Murderers filed. |
| 08/31/2015 | Brief amici curiae of National District Attorneys Association, et al. filed. (Distributed) |
| 08/31/2015 | Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed) |
| 09/14/2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 09/14/2015 | Motion for enlargement of time for oral argument and for divided argument GRANTED and the time is divided as follows: 15 minutes for the Court-appointed amici curiae, 15 minutes for petitioner, 15 minutes for the Solicitor General, and 30 minutes for respondent. The Court-appointed amici curiae and petitioner will each be permitted to reserve time for rebuttal. |
| 09/22/2015 | Record received from the Supreme Court of Louisiana. (1 Box) |
| 09/23/2015 | Reply of petitioner Henry Montgomery filed. (Distributed) |
| 09/23/2015 | Reply brief of Court-appointed amicus curiae filed. (Distributed) |
| 10/13/2015 | Argued. For the Court-appointed amicus curiae: Richard D. Bernstein, Washington, D. C. For petitioner: Mark D. Plaisance, Thibodaux, La.; and Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae). For respondent: S. Kyle Duncan, Washington, D. C. |
| 01/25/2016 | Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. Thomas, J., filed a dissenting opinion. |
| 02/26/2016 | Judgment Issued |
| 02/26/2016 | Mandate Issued |