§Why CasetextPricing

PEOPLE v. FRANKLIN

Appellant’s Supplemental Brief

11 Cited authorities

  1. Miller v. Alabama

    567 U.S. 460 (2012)   Cited 6,812 times   63 Legal Analyses
    Holding mandatory life without parole sentences unconstitutional for all juvenile offenders

  2. Montgomery v. Louisiana

    577 U.S. 190 (2016)   Cited 3,078 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 7,700 times   99 Legal Analyses
    Holding that the rule announced in Taylor v. Louisiana requiring the jury venire be drawn from a fair cross section of the community is procedural and does not apply retroactively

  4. United States v. Bajakajian

    524 U.S. 321 (1998)   Cited 1,356 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 1,139 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 186 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 28 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 615 times
    Amending La.Rev.Stat. Ann. § 15:529.1(b) (c)

  9. Section 6-10-301 - Life imprisonment without parole; life imprisonment

    Wyo. Stat. § 6-10-301   Cited 110 times
    Making juvenile homicide offenders eligible for parole after 25 years

  10. Section 7-13-402 - General powers and duties of board; eligibility for parole; immunity

    Wyo. Stat. § 7-13-402   Cited 26 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 3,146 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