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Jones v. Mississippi

Docket No.18-1259
Op. BelowMiss.
ArgumentNov 3, 2020

Holding

The Eighth Amendment does not require a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole.

Judgment

Affirmed, 6-3, in an opinion by Brett Kavanaugh on Apr 22, 2021. Justice Thomas filed an opinion concurring in the judgment. Justice Sotomayor filed a dissenting opinion, in which Justices Breyer and Kagan joined.

Proceedings & orders timeline

Feb 15, 2019
Application (18A840) to extend the time to file a petition for a writ of certiorari from February 27, 2019 to March 29, 2019, submitted to Justice Alito.
Feb 19, 2019
Application (18A840) granted by Justice Alito extending the time to file until March 29, 2019.
Mar 29, 2019
Petition for a writ of certiorari filed. (Response due April 29, 2019)
Apr 3, 2019
Waiver of right of respondent Mississippi to respond filed.
Apr 10, 2019
DISTRIBUTED for Conference of 4/26/2019.
Apr 22, 2019
Response Requested. (Due May 22, 2019)
May 17, 2019
Motion of Mississippi for an extension of time not accepted for filing. (May 28, 2019)
May 17, 2019
Motion to extend the time to file a response from May 22, 2019 to June 11, 2019, submitted to The Clerk.
May 22, 2019
Motion of Scholars of Criminal Law for leave to file amicus brief not accepted for filing. (Corrected verison submitted).
May 22, 2019
Brief amici curiae of Scholars of Criminal Law filed. (5/31/2019)
Jun 3, 2019
Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2019.
Jun 11, 2019
Brief of respondent Mississippi in opposition filed.
Jun 25, 2019
Reply of petitioner Brett Jones filed.
Jun 26, 2019
DISTRIBUTED for Conference of 10/1/2019.
Feb 26, 2020
DISTRIBUTED for Conference of 2/28/2020.
Mar 2, 2020
DISTRIBUTED for Conference of 3/6/2020.
Mar 9, 2020
Petition GRANTED.
Mar 13, 2020
Motion for an extension of time to file the briefs on the merits filed.
Mar 26, 2020
Motion for an extension of time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 5, 2020. The time to file respondent's brief on the merits is extended to and including August 14, 2020. Petitioner's reply brief on the merits is due pursuant to Rule 25.3.
Jun 5, 2020
Joint appendix filed. (Statement of costs filed)
Jun 5, 2020
Brief of petitioner Brett Jones filed.
Jun 12, 2020
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Jun 12, 2020
Brief amici curiae of Juvenile Law Center, et al. filed.
Jun 12, 2020
Brief amici curiae of Madge Jones, Tony Jones, Marty Jones and Nicolle Olson filed.
Jun 12, 2020
Brief amici curiae of The ACLU Foundation, et al. filed.
Jun 12, 2020
Brief amicus curiae of Jonathan F. Mitchell & Adam K. Mortara in support of neither party filed.
Jun 12, 2020
Brief amici curiae of Erwin Chemerinsky, et al. filed.
Jun 12, 2020
Brief amici curiae of Current and Former Prosecutors, Department of Justice Officials, and Judges filed.
Jun 12, 2020
Brief amicus curiae of The American Bar Association filed.
Aug 14, 2020
Brief of respondent Mississippi filed.
Aug 19, 2020
SET FOR ARGUMENT on Tuesday, November 3, 2020.
Aug 21, 2020
Brief amicus curiae of United States filed.
Aug 21, 2020
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 21, 2020
Brief amici curiae of State of Indiana, et al. filed.
Aug 21, 2020
Brief amicus curiae of Populi filed.
Aug 21, 2020
Brief amicus curiae of Criminal Justice Legal Foundation filed.
Aug 21, 2020
Brief amici curiae of National Organization of Victims of Juvenile Murderers, et al. filed. (9/4/2020) (Distributed)
Aug 31, 2020
Record requested from the Supreme Court of Mississippi.
Sep 2, 2020
CIRCULATED
Sep 9, 2020
Record of the Supreme Court of Mississippi electronically received (includes circuit court record).
Sep 14, 2020
Reply of petitioner Brett Jones filed. (Distributed)
Oct 5, 2020
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 3, 2020
Argued. For petitioner: David M. Shapiro, Chicago, Ill. For respondent: Krissy C. Nobile, Deputy Solicitor General, Jackson, Miss.; and Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Apr 22, 2021
Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., Alito, Gorsuch, and Barrett, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Sotomayor, J., filed a dissenting opinion, in which Breyer and Kagan, JJ., joined.
May 24, 2021
MANDATE ISSUED.
May 24, 2021
JUDGMENT ISSUED.

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