No. 20-6396

Michael John Bever v. Oklahoma

Lower Court: Oklahoma
Docketed: 2020-11-20
Status: Denied
Type: IFP
IFP
Tags: consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment eighth-amendment-review jury-finding juvenile-offender juvenile-sentencing sentencing sixth-amendment
Key Terms:
DueProcess Punishment
Latest Conference: 2021-01-22
Question Presented (from Petition)

1. Whether a judge's decision to sentence a juvenile offender to consecutive terms is exempt from Eighth Amendment review.

2. Whether a judge's decision to run Petitioner's sentences consecutively for an aggregate no-parole term of 215 years violates the Eighth Amendment when a jury has made a specific finding that the State had not proven Petitioner to be permanently incorrigible and irreparably corrupt.

3. Whether — given the jury's finding that the State had not proven Petitioner to be permanently incorrigible and irreparably corrupt - the Sixth Amendment requires Petitioner s sentences to run concurrently in order to provide him with a meaningful opportunity for release.

Question Presented (AI Summary)

Whether a judge's decision to sentence a juvenile offender to consecutive terms is exempt from Eighth Amendment review

Docket Entries

2021-01-25
Petition DENIED.
2021-01-07
DISTRIBUTED for Conference of 1/22/2021.
2020-11-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2020)

Attorneys

Michael Bever
Stuart W. SoutherlandTulsa County Public Defender's Office, Petitioner