No. 23-5002

Joseph Hauschild v. Illinois

Lower Court: Illinois
Docketed: 2023-06-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure eighth-amendment graham-v-florida juvenile-offender juvenile-sentencing life-without-parole meaningful-opportunity meaningful-opportunity-for-release roper-v-simmons sentencing-guidelines term-of-years-sentence
Latest Conference: 2023-09-26
Question Presented (from Petition)

In the landmark decision of Graham v. Florida, 560 U.S. 48 (2010), this Court held that, for a juvenile offender who did not commit homicide, the Eighth Amendment forbids a sentence of life without possibility of parole, and that such individual must be provided a "meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation." Graham, 560 U.S. at 74-75. In so holding, this Court reaffirmed the observations it made in Roper v. Simmons, 543 U.S. 551 (2005), about the fundamental differences between juveniles and adults in terms of culpability and rehabilitative potential, and also reaffirmed the boundary between homicide and serious nonhomicide crimes, which lack the severity and "irrevocability" of murder. Graham, 560 U.S. at 68-69. The question presented in this case, which Graham left open, is whether, for a juvenile offender who committed multiple offenses during a single course of conduct, none of theirs homicide, the Eighth Amendment forbids an aggregate term-of'-years sentence that is not "life" in name, but is so long as to deny the youthful offender a .meaningful opportunity for release.

Question Presented (AI Summary)

Whether, for a juvenile offender who committed multiple offenses during a single course of conduct, none of them homicide, the Eighth Amendment forbids an aggregate term-of-years sentence that is not 'life' in name, but is so long as to deny the youthful offender a meaningful opportunity for release

Docket Entries

2023-10-02
Petition DENIED.
2023-07-06
DISTRIBUTED for Conference of 9/26/2023.
2023-07-03
Waiver of right of respondent People Of The State Of Illinois to respond filed.
2023-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2023)

Attorneys

Joseph Hauschild
Thomas A. LilienOffice Of The State Appellate Defender, Petitioner
People Of The State Of Illnois
Katherine Marie DoerschOffice of the Illinois Attorney General, Respondent