Congressional Digest

Supreme Court Debates November 2015 No. 8 Vol. 18
Lower Court Holding in Louisiana v. Montgomery

Life Without Parole

Revisiting Juvenile Sentencing

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Lower Court Holding in Louisiana v. Montgomery

Decision of the 19th Judicial District Court of Louisiana

The defendant was convicted of the murder of Charles Hurt in February of 1964. At the time of the offense, the defendant was 17 years of age. The defendant was granted a new trial in 1969, but was found guilty again in February of 1969 and was sentenced to life imprisonment. In Miller v. Alabama (2012), the Supreme Court held that “the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders.” In order for a new rule to overcome the bar to retroactivity on collateral review, one of the two Teague…

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