The Court stated in Montgomery v. Louisiana that the Eighth Amendment prohibits life without parole sentences "for all but the rarest of juvenile offenders, those whose crimes reflect permanent incorrigibility." 136 S. Ct. 718, 734 (2016). Nonetheless, federal appellate courts and state courts of last resort are divided on whether the Eighth Amendment authorizes a juvenile to be sentenced to life without parole absent a finding of permanent incorrigibility.

The first question presented is:

1. Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible in order to impose a sentence of life in prison without the possibility of parole.

The second question presented is:

2. Whether the Eighth Amendment prohibits a life without parole sentence for a crime committed by a juvenile.

Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible in order to impose a sentence of life in prison without the possibility of parole