No. 18-5634

Kipland Phillip Kinkel v. Garrett Laney, Superintendent, Oregon State Correctional Institution

Lower Court: Oregon
Docketed: 2018-08-17
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: eighth-amendment juvenile-sentencing life-without-parole mental-illness miller-montgomery-standard miller-v-alabama montgomery-v-louisiana procedural-due-process
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (from Petition)

Does a treatable, but not curable, mental illness constitute "irreparable corruption" under Miller v. Alabama and Montgomery v. Louisiana?

Do Graham v. Florida, Miller v. Alabama, and Montgomery v. Louisiana apply to a juvenile under the age of 18 sentenced to 112 years in prison?

Is a juvenile under the age of 18 entitled to a meaningful opportunity under Miller v. Alabama and Montgomery v. Louisiana to present evidence showing they are not "irreparably corrupt" or "permanently incorrigible" before the state can impose a sentence of life without the possibility of parole?

Question Presented (AI Summary)

Does a treatable, but not curable, mental illness constitute irreparable corruption' under Miller v. Alabama and Montgomery v. Louisiana?

Docket Entries

2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-20
Reply of petitioner Kipland P. Kinkel filed.
Main DocumentCertificate of Word CountProof of Service
2018-11-09
Brief of respondent Rob Persson in opposition filed.
Main Document
2018-09-28
Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2018.
2018-09-26
Motion to extend the time to file a response from October 11, 2018 to November 13, 2018, submitted to The Clerk.
Main Document
2018-09-11
Response Requested. (Due October 11, 2018)
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-22
Waiver of right of respondent Rob Persson to respond filed.
Main Document
2018-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Kipland P. Kinkel
Thaddeus August Betz — Law Office of Thaddeus Betz, LLC, Petitioner
Kipland Phillip Kinkel — Petitioner
Rob Persson
Benjamin Noah Gutman — Oregon Department of Justice, Respondent