BIG NEWS: Montgomery v. Louisiana

BIG NEWS:  Montgomery v. Louisiana

This is a big deal. If you know of anyone, serving life without parole, who was convicted when they were 17 (or younger), they are entitled to relief. SCOTUS has ruled that Miller v Alabama.10-9646g2i8 is retroactive.

They need to petition to the court of conviction for an order directing the parole board immediately to set a parole review date.  Use State v. Shaffer, 77 So. 3d 939 – as guide for text of order.

Montgomery v. Louisiana

“Holding: 1) The Supreme Court has jurisdiction to decide whether a state supreme court correctly refused to give retroactive effect to the Supreme Court’s 2012 decision in Miller v. Alabama, prohibiting mandatory sentences of life without the possibility of parole for juveniles; and (2) Miller announced a new substantive rule that, under the Constitution, is retroactive in cases on state collateral review.

JudgmentReversed and remanded, 6-3, in an opinion by Justice Kennedy on January 25, 2016. Justice Scalia filed a dissenting opinion, in which Justices Thomas and Alito joined. Justice Thomas filed a dissenting opinion.”

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