11 Cited authorities

  1. Miller v. Alabama

    567 U.S. 460 (2012)   Cited 4,901 times   61 Legal Analyses
    Holding that the Eighth Amendment prohibits mandatory sentences of life without parole for juveniles
  2. Montgomery v. Louisiana

    136 S. Ct. 718 (2016)   Cited 2,063 times   15 Legal Analyses
    Holding that Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407, which held as unconstitutional mandatory life imprisonment without parole for juvenile offenders, announced a new substantive rule of constitutional law that must be given retroactive effect
  3. Teague v. Lane

    489 U.S. 288 (1989)   Cited 7,177 times   100 Legal Analyses
    Holding that "new constitutional rules of criminal procedure will not be applicable to those cases which have become final before the new rules are announced"
  4. United States v. Bajakajian

    524 U.S. 321 (1998)   Cited 1,113 times   12 Legal Analyses
    Holding that forfeiture 70 times the Guidelines maximum and greater than the statutory maximum would be unconstitutionally excessive
  5. People v. Gutierrez

    58 Cal.4th 1354 (Cal. 2014)   Cited 656 times   1 Legal Analyses
    Holding that construing a sentencing statute as establishing "a presumption in favor of life without parole [for juvenile homicide offenders] raises serious constitutional concerns under the reasoning of Miller and the body of precedent upon which Miller relied"
  6. People v. Tanner

    24 Cal.3d 514 (Cal. 1979)   Cited 181 times
    Holding that judges have no discretion under § 1385 to strike a properly found § 1203.06 allegation
  7. State v. Mares

    2014 WY 126 (Wyo. 2014)   Cited 25 times
    Holding that a similar statute had “converted” juvenile offenders' sentences “by the operation of the amended statutes” regardless of when those juveniles were originally sentenced, and that no judicial intervention was required to effectuate their new parole eligibility
  8. Section 1 - Short title; parts

    Cal. Pen. Code § 1   Cited 501 times
    Including marijuana
  9. Section 6-10-301 - Life imprisonment without parole; life imprisonment

    Wyo. Stat. § 6-10-301   Cited 85 times
    Providing parole eligibility after 25 years for juvenile offenders sentenced to life in prison
  10. Section 7-13-402 - General powers and duties of board; eligibility for parole; immunity

    Wyo. Stat. § 7-13-402   Cited 25 times

    (a) The board may grant a parole to any person imprisoned in any institution under sentence, except a sentence of life imprisonment without parole or a life sentence, ordered by any district court of this state, provided the person has served the minimum term pronounced by the trial court less good time, if any, granted under rules promulgated pursuant to W.S. 7-13-420. The board may also grant parole to a person serving a sentence for an offense committed before the person reached the age of eighteen

  11. Rule 8.520 - Briefs by parties and amici curiae; judicial notice

    Cal. R. 8.520   Cited 2,149 times

    (a)Parties' briefs; time to file (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal. (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal. (3) The petitioner may file a reply brief on the merits or