28 Cited authorities

  1. Miller v. Alabama

    567 U.S. 460 (2012)   Cited 6,833 times   63 Legal Analyses
    Holding mandatory life without parole sentences unconstitutional for all juvenile offenders
  2. Graham v. Florida

    560 U.S. 48 (2010)   Cited 4,407 times   46 Legal Analyses
    Holding life without parole sentences unconstitutional for non-homicide juvenile offenders
  3. Montgomery v. Louisiana

    577 U.S. 190 (2016)   Cited 3,089 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
  4. Wolff v. McDonnell

    418 U.S. 539 (1974)   Cited 19,247 times   5 Legal Analyses
    Holding that declaratory judgment as a predicate to a damages award would not be barred, but that a civil rights claim that would affect the duration of incarceration is foreclosed by Preiser
  5. Roper v. Simmons

    543 U.S. 551 (2005)   Cited 3,496 times   38 Legal Analyses
    Holding "that the death penalty cannot be imposed upon juvenile offenders"
  6. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,742 times   42 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"
  7. J.D.B. v. North Carolina

    564 U.S. 261 (2011)   Cited 923 times   11 Legal Analyses
    Holding that a thirteen-year-old’s age would have affected how a reasonable person in the suspect’s position would perceive his or her freedom to leave for purposes of Miranda ’s custody determination
  8. Mullane v. Central Hanover Tr. Co.

    339 U.S. 306 (1950)   Cited 10,301 times   19 Legal Analyses
    Holding that due process requires a hearing "appropriate to the nature of the case"
  9. Enmund v. Florida

    458 U.S. 782 (1982)   Cited 1,747 times   11 Legal Analyses
    Holding the death penalty cruel and unusual punishment for participation in a felony in which an accomplice commits murder, though about a third of American jurisdictions authorized such punishment, and at least six non-triggerman felony murderers had been executed, and three others were on death rows
  10. Armstrong v. Manzo

    380 U.S. 545 (1965)   Cited 2,555 times   3 Legal Analyses
    Holding that failure to give proper notice violates "the rudimentary demands of due process of law"
  11. Section Amendment VIII - Further Guarantees in Criminal Cases

    U.S. Const. amend. VIII   Cited 9,134 times
    Prohibiting "cruel and unusual punishments"
  12. Rule 4.423 - Circumstances in mitigation

    Cal. R. 4.423   Cited 548 times

    Circumstances in mitigation include factors relating to the crime and factors relating to the defendant. (a)Facts relating to the crime Factors relating to the crime include that: (1) The defendant was a passive participant or played a minor role in the crime; (2) The victim was an initiator of, willing participant in, or aggressor or provoker of the incident; (3) The crime was committed because of an unusual circumstance, such as great provocation, that is unlikely to recur; (4) The defendant participated