No. 18-5986

Damon L. Caldwell v. Stanley Payne, Superintendent, Eastern Reception, Diagnostic and Correctional Center

Lower Court: Missouri
Docketed: 2018-09-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole meaningful-opportunity miller-montgomery miller-v-alabama montgomery-v-louisiana parole parole-hearing realistic-opportunity resentencing resentencing-proceeding
Key Terms:
DueProcess Punishment HabeasCorpus
Latest Conference: 2018-11-02
Question Presented (from Petition)

1. Does the Eighth Amendment, as interpreted in Miller and Montgomery, require juvenile defendants who had previously been illegally sentenced to mandatory terms of life imprisonment without parole for murder, receive adversarial resentencing proceedings.

2. Do Missouri's parole laws and procedures, as modified by S.B. 590 to permit juveniles serving mandatory life sentences without the possibility of parole to request a parole hearing after serving twenty-five years, violate the Eighth and Fourteenth Amendments by failing to provide juvenile offenders a meaningful and realistic opportunity for release.

3. Do the Sixth and Fourteenth Amendments require that a jury must find beyond a reasonable doubt that a juvenile's crimes reflect "irreparable corruption" and were not the result of "transient immaturity" before a sentence of life without parole may be imposed.

Question Presented (AI Summary)

Whether Missouri's parole laws and procedures violate the Eighth Amendment by failing to provide juvenile offenders a meaningful and realistic opportunity for release

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-12
Waiver of right of respondent Stanley Payne, Superintendent, Eastern Reception, Diagnostic and Correctional Center to respond filed.
2018-09-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2018)

Attorneys

Damon Caldwell
Kent E. GipsonLaw Office of Kent Gipson, LLC, Petitioner
Stanley Payne, Superintendent, Eastern Reception, Diagnostic and Correctional Center
Julie Marie BlakeMissouri Attorney General's Office, Respondent