Decided

No. 14-280

Henry Montgomery v. Louisiana

from the Supreme Court of Louisiana

See other cases from Louisiana.

Docket Entries

Mandate Issued

Judgment Issued

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.

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.

Reply brief of Court-appointed amicus curiae filed. (Distributed)

Reply of petitioner Henry Montgomery filed. (Distributed)

Record received from the Supreme Court of Louisiana. (1 Box)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

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.

Brief amici curiae of Michigan and 15 Other States filed (Reprinted). (Distributed)

Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)

Brief amici curiae of National District Attorneys Association, et al. filed. (Distributed)

Brief amici curiae of Becky Wilson and the National Association of Victims of Juvenile Murderers filed.

CIRCULATED

Brief of respondent Louisiana filed. (Distributed)

Motion for enlargement of time for oral argument and for divided argument filed by the parties.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Reply briefs are to be filed in compliance with Rule 25.3.

Record requested from the Supreme Court of Louisiana.

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.

SET FOR ARGUMENT on Tuesday, October 13, 2015.

Brief amici curiae of Equal Justice Initiative on Behalf of Dozens Sentenced to Die in Prison When They Were Children filed.

Brief amicus curiae of Center on the Administration of Criminal Law in support of jurisdiction filed.

Brief amicus curiae of the United States filed.

Brief amicus curiae of American Bar Association filed.

Brief amici curiae of Pascal F. Calogero, Jr., et al. filed.

Brief amici curiae of Charles Houston Institute for Race and Justice, et al. in support of neither party filed.

Brief amicus curiae of Professor Douglas A. Berman filed.

Brief amici curiae of Former Juvenile Court Judges filed.

Brief amici curiae of Certain Family Members of Victims Killed by Youths filed.

Brief amici curiae of The American Civil Liberties Union and the ACLU of Louisiana filed.

Brief of petitioner Henry Montgomery filed.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.

Joint appendix filed. (Statement of costs filed)

Brief of Court-appointed amicus curiae filed.

The time to file respondent's brief on the merits is extended to and including August 24, 2015.

The time to file petitioner's brief on the merits is extended to and including July 22, 2015.

The time to file the brief of the Court-appointed amicus curiae is extended to and including June 16, 2015.

Richard Bernstein, Esquire, of Washington, D. C., is invited to brief and argue, as amicus curiae, against this Court�s 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). The brief of the Court-appointed amicus curiae is to be filed on or before Wednesday, June 10, 2015. The brief of petitioner is to be filed on or before Friday, July 10, 2015. The brief of respondent is to be filed on or before Monday, August 10, 2015. Reply briefs are to be filed on or before Wednesday, September 9, 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) "

DISTRIBUTED for Conference of March 20, 2015.

DISTRIBUTED for Conference of March 6, 2015.

DISTRIBUTED for Conference of February 27, 2015.

DISTRIBUTED for Conference of February 20, 2015.

DISTRIBUTED for Conference of January 9, 2015.

Reply of petitioner Henry Montgomery filed.

Brief of respondent Louisiana in opposition filed.

Response Requested . (Due December 3, 2014)

DISTRIBUTED for Conference of November 7, 2014.

Waiver of right of respondent Louisiana to respond filed.

Petition for a writ of certiorari filed. (Response due October 9, 2014)

Parties

Henry Montgomery, Petitioner, represented by Mark D. Plaisance

Louisiana, Respondent, represented by Colin A. Clark

Louisiana, Respondent, represented by Dylan C. Alge

Louisiana, Respondent, represented by S. Kyle Duncan

Amici Curiae

American Bar Association, Amicus Curiae, represented by William C. Hubbard

Becky Wilson and the National Association of Victims of Juvenile Murderers, Amicus Curiae, represented by John J. Park Jr.

Center on the Administration of Criminal Law in support of jurisdiction, Amicus Curiae, represented by Robert L. Littlehale III.

Certain Family Members of Victims Killed by Youths, Amicus Curiae, represented by Angela C. Vigil

Charles Houston Institute for Race and Justice, et al. in support of neither party, Amicus Curiae, represented by Charles Ogletree Jr.

Court-appointed amicus curiae, Amicus Curiae, represented by Richard D. Bernstein

Criminal Justice Legal Foundation, Amicus Curiae, represented by Kent S. Scheidegger

Equal Justice Initiative on Behalf of Dozens Sentenced to Die in Prison When They Were Children, Amicus Curiae, represented by Bryan A. Stevenson

Former Juvenile Court Judges, Amicus Curiae, represented by Elizabeth B. Wydra

Michigan and 15 Other States, Amicus Curiae, represented by Aaron D. Lindstrom

National District Attorneys Association, et al., Amicus Curiae, represented by John C. Neiman Jr.

Northwestern University School of Law's Children and Family Justice Center and Center on Wrongful Convictions of Youth, et al., Amicus Curiae, represented by Steven A. Drizin

Pascal F. Calogero, Jr., et al., Amicus Curiae, represented by Stephen M. Nickelsburg

Professor Douglas A. Berman, Amicus Curiae, represented by Matthew Curtis Corcoran

The American Civil Liberties Union and the ACLU of Louisiana, Amicus Curiae, represented by Steven R. Shapiro

the United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

United States, Amicus Curiae, represented by Michael R. Dreeben

 
Last updated: March 29, 2017