Montgomery v. Louisiana

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-280	La.	Oct 13, 2015 Tr.Aud.	Jan 25, 2016	6-3	Kennedy	OT 2015

Holding: 1) The Supreme Court has jurisdiction to decide whether a state supreme court correctly refused to give retroactive effect to the Supreme Court’s 2012 decision in Miller v. Alabama, prohibiting mandatory sentences of life without the possibility of parole for juveniles; and (2) Miller announced a new substantive rule that, under the Constitution, is retroactive in cases on state collateral review.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Kennedy on January 25, 2016. Justice Scalia filed a dissenting opinion, in which Justices Thomas and Alito joined. Justice Thomas filed a dissenting opinion.

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Criminal law grants for the October Term 2015 (Rory Little)
Petition of the day (Maureen Johnston)

Date	Proceedings and Orders (key to color coding)
Sep 5 2014	Petition for a writ of certiorari filed. (Response due October 9, 2014)
Oct 9 2014	Waiver of right of respondent Louisiana to respond filed.
Oct 22 2014	DISTRIBUTED for Conference of November 7, 2014.
Nov 3 2014	Response Requested . (Due December 3, 2014)
Dec 3 2014	Brief of respondent Louisiana in opposition filed.
Dec 10 2014	Reply of petitioner Henry Montgomery filed.
Dec 17 2014	DISTRIBUTED for Conference of January 9, 2015.
Feb 9 2015	DISTRIBUTED for Conference of February 20, 2015.
Feb 23 2015	DISTRIBUTED for Conference of February 27, 2015.
Mar 2 2015	DISTRIBUTED for Conference of March 6, 2015.
Mar 9 2015	DISTRIBUTED for Conference of March 20, 2015.
Mar 23 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)?"
Mar 30 2015	Richard Bernstein, Esquire, of Washington, D. C., is invited to brief and argue, as amicus curiae, against this Courts 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.
May 21 2015	The time to file the brief of the Court-appointed amicus curiae is extended to and including June 16, 2015.
May 21 2015	The time to file petitioner's brief on the merits is extended to and including July 22, 2015.
Jun 5 2015	The time to file respondent's brief on the merits is extended to and including August 24, 2015.
Jun 16 2015	Brief of Court-appointed amicus curiae filed.
Jul 1 2015	Joint appendix filed. (Statement of costs filed)
Jul 2 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jul 6 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 22 2015	Brief of petitioner Henry Montgomery filed.
Jul 23 2015	Brief amici curiae of The American Civil Liberties Union and the ACLU of Louisiana filed.
Jul 28 2015	Brief amici curiae of Certain Family Members of Victims Killed by Youths filed.
Jul 28 2015	Brief amici curiae of Former Juvenile Court Judges filed.
Jul 29 2015	SET FOR ARGUMENT on Tuesday, October 13, 2015.
Jul 29 2015	Brief amici curiae of Equal Justice Initiative on Behalf of Dozens Sentenced to Die in Prison When They Were Children filed.
Jul 29 2015	Brief amicus curiae of Center on the Administration of Criminal Law in support of jurisdiction filed.
Jul 29 2015	Brief amicus curiae of the United States filed.
Jul 29 2015	Brief amicus curiae of American Bar Association filed.
Jul 29 2015	Brief amici curiae of Pascal F. Calogero, Jr., et al. filed.
Jul 29 2015	Brief amici curiae of Charles Houston Institute for Race and Justice, et al. in support of neither party filed.
Jul 29 2015	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.
Jul 29 2015	Brief amicus curiae of Professor Douglas A. Berman filed.
Aug 12 2015	Record requested from the Supreme Court of Louisiana.
Aug 12 2015	Reply briefs are to be filed in compliance with Rule 25.3.
Aug 17 2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 19 2015	Motion for enlargement of time for oral argument and for divided argument filed by the parties.
Aug 24 2015	Brief of respondent Louisiana filed. (Distributed)
Aug 31 2015	CIRCULATED
Aug 31 2015	Brief amici curiae of Michigan and 15 Other States filed (Reprinted). (Distributed)
Aug 31 2015	Brief amici curiae of Becky Wilson and the National Association of Victims of Juvenile Murderers filed.
Aug 31 2015	Brief amici curiae of National District Attorneys Association, et al. filed. (Distributed)
Aug 31 2015	Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Sep 14 2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 14 2015	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.
Sep 22 2015	Record received from the Supreme Court of Louisiana. (1 Box)
Sep 23 2015	Reply of petitioner Henry Montgomery filed. (Distributed)
Sep 23 2015	Reply brief of Court-appointed amicus curiae filed. (Distributed)
Oct 13 2015	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.
Jan 25 2016	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.
Feb 26 2016	Judgment Issued
Feb 26 2016	Mandate Issued

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Editor's Note :

Montgomery v. Louisiana

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Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York – Amanda Frost

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