| 21-5391 |
Jermontae Moss v. Georgia |
Georgia |
2021-08-17 |
Denied |
Response WaivedIFP |
8th-amendment criminal-procedure cruel-and-unusual-punishment family-violence felony-murder juvenile-justice juvenile-sentencing life-without-parole miller-v-alabama mitigating-factors sentencing sentencing-discretion |
Does a court violate Miller when it refuses to consider childhood trauma as mitigating when sentencing a child to life without parole? |
| 19-6910 |
Alfred T. Moliere v. Texas |
Texas |
2019-12-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
apprendi apprendi-rule apprendi-v-new-jersey article-42.013 constitutional-rights criminal-penalties criminal-penalty family-violence firearm-possession jury-determination jury-trial right-to-bear-arms unconstitutional |
Generally, Apprendi v. New Jersey requires that any fact serving to increase a criminal penalty be found by a jury. Article 42.013, Texas Code of Crim… |
| 18-8063 |
Shaun Mark Lawler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-25 |
Denied |
IFP |
aggravated-assault constitutional-challenge criminal-law criminal-sentencing deadly-weapon due-process equal-protection family-violence guilty-plea heat-of-passion ineffective-assistance-of-counsel ineffective-counsel murder sentencing statutory-punishment |
In Texas, a person who commits aggravated assault - family violence by causing serious bodily injury to his girlfriend with a deadly weapon is subject… |