Kennedy v. Louisiana
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 Anthony McLeod Kennedy on Jun 25, 2008. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and and Justices Scalia and Thomas joined.
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
Recommended Citation: Kennedy v. Louisiana, SCOTUSblog, https://www.scotusblog.com/cases/kennedy-v-louisiana/