§Why CasetextPricing

PEOPLE v. RODRIGUEZ

Respondent’s Answer Brief on the Merits

33 Cited authorities

  1. Miller v. Alabama

    567 U.S. 460 (2012)   Cited 6,836 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 4,408 times   46 Legal Analyses
    Holding life without parole sentences unconstitutional for non-homicide juvenile offenders

  3. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,303 times   64 Legal Analyses
    Holding that statements obtained by custodial interrogation of a criminal defendant without warning of constitutional rights are inadmissible under the Fifth Amendment

  4. 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

  5. Harmelin v. Michigan

    501 U.S. 957 (1991)   Cited 4,863 times   11 Legal Analyses
    Holding that sentencing court not required to consider mitigating sentencing factors before imposing mandatory life sentence

  6. People v. Franklin

    63 Cal.4th 261 (Cal. 2016)   Cited 1,016 times
    Finding Miller issues moot with regard to defendants subject to § 3051, subd. (b)-, which provides for parole hearings for certain juvenile offenders no later than their 25th year of incarceration

  7. People v. Abilez

    41 Cal.4th 472 (Cal. 2007)   Cited 1,084 times
    Holding it was proper for prosecutor to ask prospective jurors whether they had developed any principled reservation about voting for death after filling out their questionnaires and undergoing voir dire

  8. People v. Samaniego

    172 Cal.App.4th 1148 (Cal. Ct. App. 2009)   Cited 789 times
    Holding that an objection to CALCRIM No. 400 was forfeited when the defendant failed to request modification or clarification at trial

  9. People v. Caballero

    55 Cal.4th 262 (Cal. 2012)   Cited 606 times
    Holding that "sentencing a juvenile offender for a nonhomicide offense to a term of years with a parole eligibility date that falls outside the juvenile offender's natural life expectancy constitutes cruel and unusual punishment in violation of the Eighth Amendment"

  10. People v. Davis

    36 Cal.4th 510 (Cal. 2005)   Cited 762 times   1 Legal Analyses
    Holding lack of presence harmless where counsel had "ample opportunity to discuss" the defendant's thoughts before a hearing and that "there is no way on this record to determine, had defendant been present at the hearing," what information the defendant would have provided

  11. Section 32 - Accessory to felony by harboring, concealing, or aiding principal

    Cal. Pen. Code § 32   Cited 883 times   1 Legal Analyses
    Requiring that the offender act “with the intent that principal may avoid or escape from arrest, trial, conviction or punishment”

  12. Section 878.1 - Hearing to determine parole eligibility for certain juvenile offenders

    La. Code Crim. Proc. art. 878.1   Cited 93 times
    Specifying that the court will determine whether the juvenile offender's sentence shall be imposed with parole eligibility under Miller

  13. Section 706-656 - Terms of imprisonment for first and second degree murder and attempted first and second degree murder

    Haw. Rev. Stat. § 706-656   Cited 84 times
    Mandating life imprisonment without parole for individuals convicted of first-degree murder or first-degree attempted murder

  14. Section 13-716 - Juvenile offenders sentenced to life imprisonment; parole eligibility

    Ariz. Rev. Stat. § 13-716   Cited 55 times
    Allowing a person sentenced to life imprisonment with the possibility of release for an offense committed before 18 years of age to be eligible for parole upon completion of the minimum sentence, and applying retroactively, regardless of when the offense was committed

  15. Section 54-125a - Parole of inmate serving sentence of more than two years. Eligibility. Hearing to determine suitability for parole release of certain inmates

    Conn. Gen. Stat. § 54-125a   Cited 43 times
    Requiring special consideration for juveniles at parole hearings to ensure focus on rehabilitation and maturity and recognition of mitigating factors of youth

  16. Section 2249 - Prisoner Presentation of Documents

    Cal. Code Regs. tit. 15 § 2249   Cited 9 times

    A prisoner shall have the right to present relevant documents to the hearing panel. The documents should be brief, pertinent, and clearly written. They may cover any relevant matters such as mitigating circumstances, disputed facts or release planning. A copy of the documents may be placed in the prisoner's central file. Cal. Code Regs. Tit. 15, § 2249

  17. Rule 8.512 - Ordering review

    Cal. R. 8.512   Cited 3,575 times

    (a) Transmittal of record On receiving a copy of a petition for review or on request of the Supreme Court, whichever is earlier, the clerk/executive officer of the Court of Appeal must promptly send the record to the Supreme Court. If the petition is denied, the clerk/executive officer of the Supreme Court must promptly return the record to the Court of Appeal if the record was transmitted in paper form. (Subd (a) amended effective January 1, 2018; previously amended effective January 1, 2016.) (b)Determination