Montgomery v. Louisiana
| Decision Date | 25 January 2016 |
| Docket Number | No. 14–280.,14–280. |
| Citation | 577 U.S. 190,136 S.Ct. 718,193 L.Ed.2d 599 |
| Parties | Henry MONTGOMERY, Petitioner v. LOUISIANA. |
| Court | U.S. Supreme Court |
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795 cases
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People v. Montelongo
... ... The standard itself remains the same, but its applicability must change as the basic mores of society change. " ( Kennedy v. Louisiana (2008) 554 U.S. 407, 419, 128 S.Ct. 2641, 171 L.Ed.2d 525 ; see People v. Gutierrez , supra , 58 Cal.4th at p. 1374, 171 Cal.Rptr.3d 421, 324 ... " ( Id. at p. 380, 229 Cal.Rptr.3d 249, 411 P.3d 445 ; see Montgomery v. Louisiana (2016) 577 U.S. , ,136 S.Ct. 718, 736, 193 L.Ed.2d 599.) As Montelongo points out, the changes in the legal and scientific landscape ... ...
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State v. McCleese
... ... Montgomery v. Louisiana , U.S. , 136 S. Ct. 718, 732, 193 L. Ed. 2d 599 (2016). In other words, a Miller violation existed if a juvenile offender was ... ...
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State v. Comer
... ... It instructed "the trial court to reconsider its proportionality analysis in light of the United States Supreme Court's recent opinion in Montgomery v. Louisiana , 577 U.S. 190, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016). The Appellate Division observed that the 63.75-year parole disqualifier under ... ...
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State v. Thomas
... ... We first review the holdings, constitutional analysis, and intended import of Graham , Miller , Montgomery v. Louisiana , 577 U.S. 190, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016), Jones v. Mississippi , U.S. , 141 S. Ct. 1307, 209 L.Ed.2d 390 (2021), Zuber ... ...
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32 books & journal articles
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Punishment phase
...Garza v. State, 435 S.W.3d 258, 263 (Tex. Crim. App. 2014). Miller applies retroactively on collateral review. Montgomery v. Louisiana, 577 U.S. 190, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016). PUNISHMENT PHASE §20:113 Texas Criminal Lawyer’s Handbook 20-108 In the case of a defendant who commit......
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CRIMINAL LAW: CAPITAL FELONY MERGER.
...the Court has expanded the category of "different" cases to include juvenile life without parole sentences. See Montgomery v. Louisiana, 577 U.S. 190 (2016) (applying the Court's decision in Miller retroactively and reaffirming the principle that juveniles are different); Miller v. Alabama,......
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When a Prison Sentence Becomes Unconstitutional
...procedural due process rights predate substantive decisions like the ones I discuss in this Section. See, e.g. , Montgomery v. Louisiana, 577 U.S. 190 (2016); House v. Bell, 547 U.S. 518 (2006). For these subsequent decisions to make sense, the Court’s more categorical statements in the pro......
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An Overlooked Consequence: How Shinn v. Ramirez Paves the Way for New State Collateral Proceedings.
...federal claims, they must afford relief where substantive federal law prevents the defendant's punishment. See Montgomery v. Louisiana, 577 U.S. 190, 204-05 (2016) ("If a state collateral proceeding is open to a claim controlled by federal law, the state court 'has a duty to grant the relie......
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2 provisions
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Act 119, HB 4437 – Appropriations: omnibus; appropriations for multiple departments and branches for fiscal year 2023-2024; provide for. Creates appropriation act
...the funds appropriated in part 1, the state appellate defender office shall ensure this state's compliance with Montgomery v Louisiana, 577 US 190 (2016), People v Parks, ___ Mich___(2022), People v Stovall, ___Mich___(2022), and People v Poole, ___Mich___(2022). The purpose of the program ......
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California Register, 2019, Number 01. January 4, 2019
...Miller because the youth of- fender parole process already provided an appropriate remedy. In the case Montgomery v. Louisiana (2016) 136 S.Ct. 718, the United States Supreme Court determined that the holding of the Miller case applied retroactively to juveniles sentenced before the date of......