No. 18-6469

Tyrone D. Morant v. Jason Lewis, Superintendent, Southeast Correctional Center

Lower Court: Missouri
Docketed: 2018-10-30
Status: Denied
Type: IFP
IFP
Tags: eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-montgomery miller-v-alabama montgomery-v-louisiana parole parole-hearing resentencing resentencing-proceeding
Key Terms:
DueProcess Punishment HabeasCorpus
Latest Conference: 2019-01-04
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 the Eighth Amendment requires juvenile defendants who received mandatory life without parole sentences to receive adversarial resentencing proceedings

Docket Entries

2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2018)

Attorneys

Tyrone D. Morant
Kent E. GipsonLaw Office of Kent Gipson, LLC, Petitioner