Kennedy v. Louisiana

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
07-343	La. S.Ct.	Apr 16, 2008 Tr.Aud.	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)
• Kennedy Round-Up (Eliza Presson)
• Commentary: Death penalty options narrow (Lyle Denniston)
• An Initial Thought on Exxon and Kennedy (Kevin Russell)
• Death penalty barred for child rape (Lyle Denniston)
• Analysis: Limit may be imposed on death penalty for child rape (Lyle Denniston)
• Argument preview: Kennedy v. Louisiana (Scotus Staff)
• Court to rule on death penalty for child rape (Lyle Denniston)
• State defends death penalty for child rape (Lyle Denniston)
• Death penalty for child rape challenged (Lyle Denniston)

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