No. 19-5191
Kenneth Byron Davenport v. Pennsylvania
Response WaivedIFP
Tags: age-determination criminal-procedure individualized-sentencing juvenile-offenders juvenile-sentencing mental-disability mental-health mental-health-and-mental-retardation-act mental-illness miller-v-alabama post-conviction-relief post-conviction-relief-act schizophrenia
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2019-10-01
Question Presented (from Petition)
Does the legal "right" recognized in Miller v. Alabama, 132 S.Ct. 2455 (2012), include all substantive components necessary to its creation, including "the well-established rationale" upon which the Court based its decision?
Does Miller v. Alabama require individualized sentencing for a severely mentally disabled marginally older teenager who, at the time of his offense, was considered a juvenile under state law?
Question Presented (AI Summary)
Does the legal 'right' recognized in Miller v. Alabama include all substantive components necessary to its creation, including the well-established rationale upon which the Court based its decision?
Docket Entries
2019-10-07
Petition DENIED.
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-14
Waiver of right of respondent Commonwealth of Pennsylvania to respond filed.
2019-05-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2019)
2019-05-02
Application (18A948) granted by Justice Alito extending the time to file until May 25, 2019.
2019-04-25
Application (18A948) to extend further the time from May 10, 2019 to May 25, 2019, submitted to Justice Alito.
2019-03-21
Application (18A948) granted by Justice Alito extending the time to file until May 10, 2019.
2019-03-13
Application (18A948) to extend the time to file a petition for a writ of certiorari from March 26, 2019 to May 10, 2019, submitted to Justice Alito.
Attorneys
Commonwealth of Pennsylvania
Robert M. Falin — District Attorney's Office, Respondent
Kenneth B. Davenport
Kenneth B. Davenport — Petitioner