In the Supreme Court of the United States

Similar documents
In the Supreme Court of the United States

Supreme Court of the United States

In the Supreme Court of the United States

ATTORNEYS FOR AMICUS CURIAE. No IN THE DAVID SHAPIRO

IN THE SUPREME COURT OF THE UNITED STATES

2017 CO 52. No. 14SC127, Estrada-Huerta v. People Life without parole Juveniles Eighth Amendment.

No In the Supreme Court ofthe United States DESHA WN TERRELL, STATE OF OHIO, Respondent.

No IN THE SUPREME COURT OF THE UNITED STATES. GARRETT LANEY, Superintendent, Oregon State Correctional Institution,

No In The Supreme Court of the United States. SOPHAL PHON, Petitioner. COMMONWEALTH OF KENTUCKY Respon den t

United States Report Card: Youth Justice Issues. UN Human Rights Committee Review One-Year Follow-Up. May 1, 2015

Supreme Court of the United States

IN THE Supreme Court of the United States

COLORADO COURT OF APPEALS 2013 COA 53

Supreme Court of Ohio Clerk of Court - Filed January 18, Case No IN THE SUPREME COURT OF OHIO

IN THE SUPREME COURT OF FLORIDA

No IN THE. CYAN, INC., et al., Petitioners, BEAVER COUNTY EMPLOYEES RETIREMENT FUND, et al., Respondents.

NO ======================================== IN THE

Petitioner, Respondent. No IN THE NICOLAS BRADY HEIEN, STATE OF NORTH CAROLINA,

SUPREME COURT OF MISSOURI en banc

Thomas D. Pinks and Billie Jo Campbell, Petitioners, v. North Dakota, Respondent.

No IN THE DAVID LEON RILEY, On Petition for a Writ of Certiorari to the California Court of Appeal, Fourth District

In The Supreme Court of the United States

PETITION FOR WRIT OF CERTIORARI

Pamela Jo Bondi, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellant.

No. 51,338-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * * * * * * *

A (800) (800)

No. 51,811-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *

In the Supreme Court of the United States

No IN THE Supreme Court of the United States REPLY IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI

In the Supreme Court of the United States

In The Supreme Court of the United States

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

S17A1758. VEAL v. THE STATE. Veal v. State, 298 Ga. 691 (784 SE2d 403) (2016) ( Veal I ). After a jury

SUPREME COURT OF THE UNITED STATES

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

A Bill Regular Session, 2017 SENATE BILL 294

State v. Blankenship

NOT DESIGNATED FOR PUBLICATION. No. 114,180 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee,

*** CAPITAL CASE *** No

NO: INTHE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 2014 DANAE. TUOMI, UNITED STATES OF AMERICA,

Supreme Court of the United States

SUPREME COURT OF ARKANSAS No. CV

Supreme Court of the United States

THE STATE OF ARIZONA, Respondent, GREGORY NIDEZ VALENCIA JR., Petitioner. Respondent, JOEY LEE HEALER, Petitioner.

Petitioner, Respondent. No IN THE RICHARD PENDERGRASS, STATE OF INDIANA, On Petition for a Writ of Certiorari to the Indiana Supreme Court

IN THE MICHIGAN SUPREME COURT APPEAL FROM THE MICHIGAN COURT OF APPEALS Judges Kelly, Talbot and Murray REPLY BRIEF ON APPEAL APPELLANT

In the Supreme Court of the United States

Supreme Court of Florida

No STATE OF OHIO,

For An Act To Be Entitled

Supreme Court of Florida

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

In the Supreme Court of the United States

IN THE SUPREME COURT OF FLORIDA CASE NO. PAUL LEWIS, Petitioner, -vs- THE STATE OF FLORIDA, Respondent. BRIEF OF PETITIONER ON JURISDICTION

CASE NO. 1D Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Supreme Court of the United States

DARIEN VASQUEZ; BRANDON VALENTIN, COMMONWEALTH OF VIRGINIA,

SUPREME COURT OF NORTH CAROLINA ****************************************************

Supreme Court of the United States

IN THE SUPREME COURT OF FLORIDA. v. Case No. SC- IAN MANUEL L.T. No. 2D ON PETITION FOR REVIEW FROM THE SECOND DISTRICT COURT OF APPEAL

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON. TRICKEY, A.C.J. In this personal restraint petition, Kevin Light-Roth. No.

SUPREME COURT OF THE UNITED STATES

State of Maryland v. Phillip James Clements, No. 57, September Term, 2017

In the Supreme Court of the United States

No Mn Me Supreme Court of the niteb gotatto JENNIFER RAYANNE DYKES, SOUTH CAROLINA,

In the Supreme Court of the United States

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned On Briefs May 29, 2007

No In the Supreme Court of the United States TORREY DALE GRADY, Petitioner, STATE OF NORTH CAROLINA, Respondent.

Petitioner, Respondent. No IN THE JEFFREY HARDIN OHIO, On Petition for a Writ of Certiorari to the Supreme Court of Ohio

SUPREME COURT OF THE UNITED STATES

Supreme Court of the United States

In The Supreme Court of the United States

Court of Appeals of Ohio

Petitioner, Respondent.

Supreme Court of the United States

PAROLE BOARD HEARINGS FOR JUVENILE OFFENDERS

In the Supreme Court of the United States

SENATE JOINT RESOLUTION No. 18 STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED JANUARY 16, 2018

RETROACTIVITY, THE DUE PROCESS CLAUSE, AND THE FEDERAL QUESTION IN MONTGOMERY V. LOUISIANA

Sn t~e ~reme ~aurt at t~e i~inite~ ~tate~

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA SECOND DISTRICT

No IN THE ~upr~nu~ E~ourt of ti]~ ~tnitd~ ~tat~ ISAAC SIMEON ACHOBE, Petitioner, UNITED STATES OF AMERICA, Respondent.

In The Supreme Court of the United States

Supreme Court of the United States

In the Supreme Court of the United States

SUPREME COURT OF THE STATE OF CONNECTICUT S.C

Third District Court of Appeal State of Florida

Kansas Legislator Briefing Book 2014

Supreme Court of the United States

In the Supreme Court of the United States

Third District Court of Appeal State of Florida

SUPREME COURT OF THE UNITED STATES

Supreme Court of the United States

Supreme Court of the United States

SUPREME COURT OF THE UNITED STATES

Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

No. 10-9,4. In the ~reme ~eurt oi t~e i~tniteb ~tate~ RICHARD F. ALLEN, Comm. of Alabama Dept. of Corrections, et. al., Petitioners, Respondent.

IN THE COURT OF APPEALS OF IOWA. No / Filed July 11, Appeal from the Iowa District Court for Scott County, J. Hobart Darbyshire,

No IN THE SUPREME COURT OF THE UNITED STATES

~Jn tl~e Dupreme C ourt of toe i~tnite~ Dtate~

Transcription:

No. 17-165 In the Supreme Court of the United States TIMOTHY S. WILLBANKS, Petitioner, V. MISSOURI DEP T OF CORRECTIONS, Respondent. LEDALE NATHAN, Petitioner, V. STATE OF MISSOURI, Respondent. On Petition for a Writ of Certiorari to the Missouri Supreme Court REPLY BRIEF FOR PETITIONERS CRAIG A. JOHNSTON WILLIAM J. SWIFT STUART BANNER Counsel of Record Office of the Missouri UCLA School of Law State Public Defender Supreme Court Clinic Woodrail Centre 405 Hilgard Ave. 1000 W. Nifong Los Angeles, CA 90095 Building 7, Suite 100 (310) 206-8506 Columbia, MO 65203 banner@law.ucla.edu

i TABLE OF CONTENTS TABLE OF AUTHORITIES... ii REPLY BRIEF FOR PETITIONERS... 1 CONCLUSION... 3

ii TABLE OF AUTHORITIES CASES Ali v. Minnesota, No. 17-5578 (filed Aug. 8, 2017)... 1 Graham v. Florida, 560 U.S. 48 (2010)... 2 Miller v. Alabama, 567 U.S. 460 (2012)... 2 New Jersey v. Zuber, No. 16-1496 (filed June 12, 2017)... 1, 2 Ohio v. Moore, No. 16-1167 (filed Mar. 22, 2017)... 1, 2

1 REPLY BRIEF FOR PETITIONERS Missouri concedes (BIO 17-18) that there is a deep lower court conflict on the question presented. The state acknowledges (BIO 24) that this case is an excellent vehicle for resolving the conflict. Missouri even provides (BIO 26-32) additional reasons for granting certiorari. The state nevertheless urges the Court to deny certiorari on two grounds first (BIO 19), that the Court would benefit from letting the issue percolate in the lower courts, and second (BIO 19-24), that the decision below was correct. The state is mistaken in both respects. 1. There is nothing to be gained from further percolation. The lower courts are already divided fourteen to five. Many of the opinions on both sides are lengthy and thorough. Several of these opinions have long dissents that are just as thoughtful. See cases cited at Pet. 19-20. Every conceivable argument has been aired. By now the Court has received at least three other certiorari petitions raising the same issue. See Ali v. Minnesota, No. 17-5578 (filed Aug. 8, 2017); New Jersey v. Zuber, No. 16-1496 (filed June 12, 2017); Ohio v. Moore, No. 16-1167 (filed Mar. 22, 2017). If the Court denies certiorari in all these cases, the conflict will just grow larger, but the Court will not acquire any new information. Missouri correctly notes (BIO 19) that the Court denied certiorari on this issue while the conflict was still in the process of forming. But that is hardly a reason for denying certiorari now that the conflict is fully formed. Missouri is just one of seventeen states the Court has recently heard from on this issue. The other six-

2 teen are urging the Court to decide the issue now, because they recognize that additional percolation would be pointless. See Pet. for Cert., New Jersey v. Zuber, No. 16-1496; Brief of Amici Curiae State of Utah and Thirteen Other States Supporting Petitioner, New Jersey v. Zuber, No. 16-1496; Pet. for Cert., Ohio v. Moore, No. 16-1167. 2. This is not the place for an extended argument on the merits, but two points deserve emphasis. First, Missouri s discussion completely overlooks the rationale of the Court s cases in this area that children are constitutionally different from adults for purposes of sentencing. Miller v. Alabama, 567 U.S. 460, 471 (2012). The difference between juveniles and adults is that because juveniles have lessened culpability they are less deserving of the most severe punishments. Graham v. Florida, 560 U.S. 48, 68 (2010). Much of what Missouri has to say on the merits would be on point as applied to adults, but the Court has already rejected Missouri s view when it comes to juveniles. Second, Miller and Graham would be virtually meaningless if states could evade them by imposing de facto, rather than de jure, sentences of life without parole. The Eighth Amendment governs the substance of sentences, not merely their form. It is small comfort to hear that each offender has an opportunity for parole in old age (BIO 20), when petitioners are very likely to be dead by then.

3 CONCLUSION The petition for a writ of certiorari should be granted. Respectfully submitted, CRAIG A. JOHNSTON WILLIAM J. SWIFT STUART BANNER Counsel of Record Office of the Missouri UCLA School of Law State Public Defender Supreme Court Clinic Woodrail Centre 405 Hilgard Ave. 1000 W. Nifong Los Angeles, CA 90095 Building 7, Suite 100 (310) 206-8506 Columbia, MO 65203 banner@law.ucla.edu