Montgomery v. Louisiana
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-280 | La. | Oct 13, 2015 | Apr 25, 2025 | 6-3 | Kennedy | OT 2015 |
Holding: 1) The Supreme Court has jurisdiction to decide whether a state supreme court correctly refused to give retroactive effect to the Supreme 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 April 25, 2025. Justice Scalia filed a dissenting opinion, in which Justices Thomas and Alito joined. Justice Thomas filed a dissenting opinion.
SCOTUSblog Coverage
- Academic highlight: Vzquez 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 Courts 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 |