No. 20-6902

Layw Thomas v. Kentucky

Lower Court: Kentucky
Docketed: 2021-01-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: disproportionate-sentencing eighth-amendment fourteenth-amendment hammer-clause juvenile-sentencing miller-v-alabama plea-agreement plea-bargaining sentencing-discretion
Latest Conference: 2021-03-19
Question Presented (from Petition)

Did Kentucky violate the Eighth and Fourteenth Amendments when it allowed a youth who was 17 when his crimes occurred to be sentenced to life in prison plus 50 years based on an involuntary plea to a minimum 20 years that contained a maximum sentence "hammer clause" which operated as an unreasonable penalty that was grossly disproportionate for relatively minor, mitigated infractions without a meaningful, demonstrated inquiry as in Miller and Montgomery into whether this harsh sentence is appropriate for this youth under all the circumstances of his case?

Question Presented (AI Summary)

Did Kentucky violate the Eighth and Fourteenth Amendments when it allowed a youth who was 17 when his crimes occurred to be sentenced to life in prison plus 50 years based on an involuntary plea to a minimum 20 years that contained a maximum sentence 'hammer clause' which operated as an unreasonable penalty that was grossly disproportionate for relatively minor, mitigated infractions without a meaningful, demonstrated inquiry as in Miller and Montgomery into whether this harsh sentence is appropriate for this youth under all the circumstances of his case?

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-17
Waiver of right of respondent Kentucky to respond filed.
2021-01-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2021)

Attorneys

Commonwealth of Kentucky
Todd Dryden FergusonOffice of the Attorney General, Respondent
Layw Thomas
Kathleen Kallaher SchmidtDepartment of Public Advocacy, Petitioner