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MONTGOMERY v. LOUISIANA

Docket No.: 14-280
Certiorari Granted: 03/23/15
Argued: October 13, 2015

Topics:

AEDPA, Civil Procedure, Due Process, Eighth Amendment, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federalism, Fifth Amendment, First Amendment, Fourth Amendment, Sixth Amendment, Supremacy Clause, death penalty, habeas, habeas corpus, murder

PartyNames: Henry Montgomery v. Louisiana
Petitioner: Henry Montgomery
Respondent: Louisiana

Court Below: Supreme Court of Louisiana
Citation: 141 So.3d 264
Supreme Court Docket

Henry Montgomery
v.
Louisiana
Question Presented:

Henry Montgomery has been incarcerated since 1963. Montgomery is serving a mandatory life sentence for a murder he committed just 11 days after he turned seventeen years of age. In light of Miller v. Alabama, 567 U.S. _, 132 S.Ct. 2455, 83 L.Ed.2d 407 (2012), which holds that mandatory sentencing schemes "requiring that all children convicted of homicide receive lifetime incarceration without possibility of parole" ... violate the Eighth Amendment ban on cruel and unusual punishment, Montgomery filed a state district court motion to correct his illegal sentence. The trial court denied Montgomery's motion, and on direct writ application, the Louisiana Supreme Court denied Montgomery's application, citing State v. Tate, 2012--2763 (La. 11/5/13), cert. denied, 134 S.Ct. 2663, 189 L.Ed.2d 214 (2014), which held that Miller is not retroactive on collateral review to those incarcerated in Louisiana. The question thus presented here is whether Miller adopts a new substantive rule that applies retroactively on collateral review to people condemned as juveniles to die in prison?

Note:

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)?"

MONTGOMERY v. LOUISIANA
ORAL ARGUMENT

October 13, 2015

Listen to Oral Argument in MONTGOMERY v. LOUISIANA
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