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eighth amendment

Miller v. Alabama (10-9646)

Oral argument: March 20, 2012

Appealed from: Alabama Court of Criminal Appeals (Aug. 27, 2010)

Petitioner, 14-year-old Evan Miller, was convicted of aggravated murder and sentenced by an Alabama state court to life in prison without parole. Miller appealed his conviction arguing that it violated the Eighth and Fourteenth Amendments. Miller points to the Supreme Court cases Roper v. Simmons and Graham v. Florida, which held that a minor cannot be sentenced to death and that a minor cannot be imprisoned for life for a non-homicidal crime, respectively, as evidence that his conviction contravenes nationally held standards of decency. In response, the state of Alabama argues that Roper and Graham are factually distinct from this case and that national standards of decency support sentencing a minor to life imprisonment without parole for certain extreme crimes. The Supreme Court in this case will address moral and doctrinal questions about where the American legal system draws the line in punishing adolescents.

Jackson v. Hobbs (10-9647)

Oral argument: Mar. 20, 2012

Appealed from: Supreme Court of Arkansas (Oct. 7, 2004)

At age fourteen, Petitioner Kuntrell Jackson was sentenced to life imprisonment without the possibility of parole for felony-murder when his cousin killed a shop attendant during a robbery. Arkansas law made a life-without-parole sentence mandatory, so neither Jackson’s age nor the fact that he was not the triggerman entered into the sentencing consideration. After the Arkansas Supreme Court affirmed Jackson’s conviction, a state court denied Jackson’s petition for habeas corpus in which he argued that a life-without-parole sentence on a fourteen-year-old constitutes cruel and unusual punishment under the Eighth Amendment. Respondent, Arkansas Department of Corrections Director Ray Hobbs, asserts that such a sentence is constitutionally permissible and in line with national standards. The Supreme Court’s decision will help delineate the bounds of Eighth Amendment protection with respect to life-without-parole sentences for young juveniles convicted of homicide, particularly when they were not the triggermen.

Minneci v. Pollard (10-1104)

Oral argument: Nov. 1, 2011

Appealed from: United States Court of Appeals for the Ninth Circuit (June 7, 2010)

While serving time in a privately operated federal prison, Respondent Richard Lee Pollard fell and broke both his elbows. Pollard insists that the treatment he received from various prison employees following the accident amounted to cruel and unusual punishment, a violation of the Eighth Amendment. Thus, Pollard sued the individual offending employees. However, the district court dismissed Pollard's claim, finding that alternative tort-based remedies barred the constitutional charge. The United States Court of Appeals for the Ninth Circuit reversed, finding that, because the private prison and its employees operate under the "color of federal law," Pollard has a valid claim under Supreme Court precedent. Petitioners Margaret Minneci and her fellow employees appeal, arguing that Supreme Court precedent limits extensions of this type of claim to cases where adequate state-law remedies do not exist. In response, Pollard maintains that he is among the category of victims that the Supreme Court sought to protect in decisions carving out this type of claim. The Supreme Court’s decision in this case could have a significant impact on the types of liabilities faced by private companies contracting with the federal government.

Smith v. Texas (05-11304)


Appealed from: Court of Criminal Appeals of Texas

Oral argument: January 17, 2007

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