Brief filed: 07/29/2015
Montgomery v. Louisiana
United States Supreme Court; Case No. 14-280
Decision below 141 So.3d 264 (La. 2014).
In recognizing that “children are different” from adults, Miller v. Alabama represents a transformation in law, practice, and constitutional jurisprudence relating to the punishment of children, thus warranting retroactive application. In the pre-Miller era of the juvenile “super-predator,” juvenile penalties often reflected the now-discredited premise that children who had committed serious crimes were irredeemable. Miller v. Alabama reboot: even the most serious child offenders are now considered potentially redeemable. Death is no longer uniquely different under the Eighth Amendment; after Miller v. Alabama, children are different too. Because of its transformative nature, Miller must be applied retroactively. As a matter of equity and evenhanded justice, Miller v. Alabama should apply retroactively.
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