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Cruel/unusual punishment

Questions presented: 1) Does the rule announced in Miller v. Alabama, 567 U. S. ____, 132 S.Ct. 2455 (2012), apply retroactively to this case? 2) Is a federal question raised by a claim that a state collateral review court erroneously failed to find that a new constitutional rule fits within an exception to Teague v. Lane, 489 U.S. 288 (1989), which… Read More

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Freddie Lee Hall v. Florida, USSC No. 12-10882, May 27, 2014, reversing Hall v. State, 109 So. 3d 704 (Fla. 2012); Scotusblog page (includes links to briefs and commentary) Because “intellectual disability is a condition, not a number,” and an IQ score is an approximation, not a final and infallible assessment of intellectual functioning, the… Read More

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The Sentencing Law and Policy blog (an affiliate of the law professor blogs network) tees up the issue nicely.  Their post is pasted in below. When and how will SCOTUS take up Miller retroactivity issues? The question in the title of this post is promoted by this local piece reporting on reactions to the Pennsylvania… Read More

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Question presented: Whether the Florida scheme for identifying mentally retarded defendants in capital cases violates Atkins v. Virginia. Lower court opinion: Hall v. State, 109 So.3d 704 (Fla. 2012) Docket Scotusblog page Atkins v. Virginia, 536 U.S. 304 (2002), held that it is unconstitutional under the Eighth Amendment to execute a person who is found… Read More

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Evan Miller v. Alabama, USSC No. 10-9646 / Kuntrell Jackson v. Hobbs, No. 10-9647, 6/25/12,  reversing 63 So. 3d 676 (Ala. Crim. App. 2010) The two 14-year-old offenders in these cases were convicted of murder and sentenced to life imprisonment without the possibility of parole. In neither case did the sentencing authority have any discretion to… Read More

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Miller: SCOTUSblog page; consolidated with Jackson: SCOTUSblog page Question Presented (from SCOTUSblog): Whether imposing a sentence of life without possibility of parole on an offender who was fourteen at the time he committed capital murder constitutes cruel and unusual punishment in violation of the Eighth Amendment. Sound at least vaguely familiar? It should: our supreme court resolved… Read More

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Prison Conditions – Forced Feeding

DOC v. Warren Lilly, Jr., 2011 WI App 123 (recommended for publication); case activity ¶2        The primary issues we address on this appeal and their resolution are as follows: I.                   In light of Saenz, what is the correct legal standard for the showing DOC must make to obtain a court order continuing to authorize the forced feeding of… Read More

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seventh circuit decision Cruel and Unusual Punishment – Prison Inmates, Denial of Treatment for Gender Identity Disorder Section 302.386(5m) (2010), which categorically bars hormonal therapy or sexual reassignment surgery to prison inmates, violates the 8th amendment. “Prison officials violate the Eighth Amendment’s proscription against cruel and unusual punishment when they display ‘deliberate indifference to serious medical needs of prisoners.’… Read More

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