Kennedy v. Louisiana
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 07-343 | La. S.Ct. | Apr 16, 2008 | Jun 25, 2008 | 5-4 | Kennedy | OT 2007 |
Holding: The Eighth Amendment bars Louisiana from imposing the death penalty for the rape of a child where the crime did not result, and was not intended to result, in the victim's death.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Anthony Kennedy on June 25, 2008. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and and Justices Scalia and Thomas joined.
SCOTUSblog Coverage
- SCOTUS for law students (sponsored by Bloomberg Law): Correcting the Supreme Court (Stephen Wermiel, May 16, 2014)
- Kennedy Round-Up (Eliza Presson, June 26, 2008)
- Death penalty barred for child rape (Lyle Denniston, June 25, 2008)
- An Initial Thought on Exxon and Kennedy (Kevin Russell, June 25, 2008)
- Commentary: Death penalty options narrow (Lyle Denniston, June 25, 2008)
- Analysis: Limit may be imposed on death penalty for child rape (Lyle Denniston, April 16, 2008)
- Argument preview: Kennedy v. Louisiana (Scotus Staff, April 10, 2008)
- Court to rule on death penalty for child rape (Lyle Denniston, January 4, 2008)
- State defends death penalty for child rape (Lyle Denniston, November 16, 2007)
- Death penalty for child rape challenged (Lyle Denniston, September 11, 2007)
Briefs and Documents
Merits briefs [via ABA]
- Brief for Petitioner Patrick Kennedy
- Brief for Respondent State of Louisiana
- Reply Brief for Petitioner Patrick Kennedy
- Petition for Rehearing
- MOTION FOR LEAVE TO FILE BRIEF AND BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING PETITION FOR REHEARING
- BRIEF FOR PETITIONER IN OPPOSITION TO REHEARING
- SUPPLEMENTAL BRIEF FOR RESPONDENT IN SUPPORT OF THE PETITION FOR REHEARING
Amicus briefs
- Brief for the Louisiana Association of Criminal Defense Lawyers and the Louisiana Public Defenders Association in Support of Petitioner
- Brief for the American Civil Liberties Union, the ACLU of Louisiana, and the NAACP Legal Defense and Educational Fund, Inc., in Support of Petitioner
- Brief for British Law Associations, Scholars, Queens Counsel, and Former Law Lords in Support of Petitioner
- Brief for the National Association of Criminal Defense Lawyers and Twelve Innocence Projects in Support of Petitioner
- Brief for National Association of Social Workers; the National Association of Social Workers, Louisiana Chapter; the National Alliance to End Sexual Violence; the Louisiana Foundation Against Sexual Assault; the Texas Association Against Sexual Assault; and the Minnesota Coalition Against Sexual Assault in Support of Petitioner
- Brief for Texas, Alabama, Colorado, Idaho, Mississippi, Missouri, Oklahoma, South Carolina, and Washington in Support of Respondent
- Brief for Missouri Governor Matt Blunt and Members of the Missouri General Assembly in Support of Respondent
Certiorari filings
- Petition for certiorari
- Brief in opposition
- Cert. stage amici briefs can be found here (NACDL), here (NASW, et al.), and here (Lousiana Public Defenders).
- The Supreme Court of Louisiana’s Opinion, from the Pet. App., is here
Merits briefs [via ABA]
- Brief for Petitioner Patrick Kennedy
- Brief for Respondent State of Louisiana
- Reply Brief for Petitioner Patrick Kennedy
- Petition for Rehearing
- MOTION FOR LEAVE TO FILE BRIEF AND BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING PETITION FOR REHEARING
- BRIEF FOR PETITIONER IN OPPOSITION TO REHEARING
- SUPPLEMENTAL BRIEF FOR RESPONDENT IN SUPPORT OF THE PETITION FOR REHEARING
Amicus briefs
- Brief for the Louisiana Association of Criminal Defense Lawyers and the Louisiana Public Defenders Association in Support of Petitioner
- Brief for the American Civil Liberties Union, the ACLU of Louisiana, and the NAACP Legal Defense and Educational Fund, Inc., in Support of Petitioner
- Brief for British Law Associations, Scholars, Queens Counsel, and Former Law Lords in Support of Petitioner
- Brief for the National Association of Criminal Defense Lawyers and Twelve Innocence Projects in Support of Petitioner
- Brief for National Association of Social Workers; the National Association of Social Workers, Louisiana Chapter; the National Alliance to End Sexual Violence; the Louisiana Foundation Against Sexual Assault; the Texas Association Against Sexual Assault; and the Minnesota Coalition Against Sexual Assault in Support of Petitioner
- Brief for Texas, Alabama, Colorado, Idaho, Mississippi, Missouri, Oklahoma, South Carolina, and Washington in Support of Respondent
- Brief for Missouri Governor Matt Blunt and Members of the Missouri General Assembly in Support of Respondent
Certiorari filings
- Petition for certiorari
- Brief in opposition
- Cert. stage amici briefs can be found here (NACDL), here (NASW, et al.), and here (Lousiana Public Defenders).
- The Supreme Court of Louisiana’s Opinion, from the Pet. App., is here