Montgomery v. Louisiana

577 U.S. 190, 136 S. Ct. 718, 193 L. Ed. 2d 599, 25 Fla. L. Weekly Fed. S 611, 84 U.S.L.W. 4063, 2016 U.S. LEXIS 862
CourtSupreme Court of the United States
DecidedJanuary 25, 2016
Docket14–280.
StatusPublished
Cited by2,723 cases

This text of 577 U.S. 190 (Montgomery v. Louisiana) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Montgomery v. Louisiana, 577 U.S. 190, 136 S. Ct. 718, 193 L. Ed. 2d 599, 25 Fla. L. Weekly Fed. S 611, 84 U.S.L.W. 4063, 2016 U.S. LEXIS 862 (2016).

Opinions

Justice KENNEDY delivered the opinion of the Court.

This is another case in a series of decisions involving the sentencing of offenders who were juveniles when their crimes were committed. In Miller v. Alabama, 567 U.S. ----, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), the Court held that a juvenile convicted of a homicide offense could not be sentenced to life in prison without parole absent consideration of the juvenile's special circumstances in light of the principles and purposes of juvenile sentencing. In the wake of Miller , the question has arisen whether its holding is retroactive to juvenile offenders whose convictions and sentences were final when Miller was decided. Courts have reached different conclusions on this point. Compare, e.g., Martin v. Symmes, 782 F.3d 939, 943 (C.A.8 2015) ; Johnson v. Ponton, 780 F.3d 219, 224-226 (C.A.4 2015) ; Chambers v. State, 831 N.W.2d 311, 331 (Minn.2013) ; and State v. Tate, 2012-2763, p. 17 (La.11/5/13), 130 So.3d 829, 841, with Diatchenko v. District Attorney for Suffolk Dist., 466 Mass. 655, 661-667, 1 N.E.3d 270, 278-282 (2013) ; Aiken v. Byars, 410 S.C. 534, 548, 765 S.E.2d 572, 578 (2014) ; State v. Mares, 2014 WY 126, ¶¶ 47-63, 335 P.3d 487, 504-508 ; and People v. Davis, 2014 IL 115595, ¶ 41, 379 Ill.Dec. 381, 6 N.E.3d 709, 722. Certiorari was granted in this case to resolve the question.

I

Petitioner is Henry Montgomery. In 1963, Montgomery killed Charles Hurt, a deputy sheriff in East Baton Rouge, Louisiana. Montgomery was 17 years old at the time of the crime. He was convicted of murder and sentenced to death, but the Louisiana Supreme Court reversed his conviction after finding that public prejudice had prevented a fair trial. State v. Montgomery, 248 La. 713, 181 So.2d 756, 762 (1966).

Montgomery was retried. The jury returned a verdict of "guilty without capital punishment."

*726State v. Montgomery, 257 La. 461, 242 So.2d 818 (1970). Under Louisiana law, this verdict required the trial court to impose a sentence of life without parole. The sentence was automatic upon the jury's verdict, so Montgomery had no opportunity to present mitigation evidence to justify a less severe sentence. That evidence might have included Montgomery's young age at the time of the crime; expert testimony regarding his limited capacity for foresight, self-discipline, and judgment; and his potential for rehabilitation. Montgomery, now 69 years old, has spent almost his entire life in prison.

Almost 50 years after Montgomery was first taken into custody, this Court decided Miller v. Alabama, 567 U.S. ----, 132 S.Ct. 2455, 183 L.Ed.2d 407. Miller held that mandatory life without parole for juvenile homicide offenders violates the Eighth Amendment's prohibition on " 'cruel and unusual punishments.' " Id ., at ----, 132 S.Ct., at 2460. "By making youth (and all that accompanies it) irrelevant to imposition of that harshest prison sentence," mandatory life without parole "poses too great a risk of disproportionate punishment." Id., at ----, 132 S.Ct., at 2469. Miller required that sentencing courts consider a child's "diminished culpability and heightened capacity for change" before condemning him or her to die in prison. Ibid. Although Miller did not foreclose a sentencer's ability to impose life without parole on a juvenile, the Court explained that a lifetime in prison is a disproportionate sentence for all but the rarest of children, those whose crimes reflect " 'irreparable corruption.' " Ibid. (quoting Roper v. Simmons, 543 U.S. 551, 573, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) ).

After this Court issued its decision in Miller , Montgomery sought collateral review of his mandatory life-without-parole sentence. In Louisiana there are two principal mechanisms for collateral challenge to the lawfulness of imprisonment. Each begins with a filing in the trial court where the prisoner was convicted and sentenced. La.Code Crim. Proc. Ann., Arts. 882, 926 (West 2008). The first procedure permits a prisoner to file an application for postconviction relief on one or more of seven grounds set forth in the statute. Art. 930.3.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Gardner-Rolph
345 Or. App. 681 (Court of Appeals of Oregon, 2025)
(HC) Knight v. Spearman
E.D. California, 2021
State of Louisiana v. Charles Clemons
Louisiana Court of Appeal, 2020
State of Louisiana v. Joza L. Wise
Louisiana Court of Appeal, 2019
(HC) Tucker v. Gastelo
E.D. California, 2019
People v. Evans
2017 IL App (1st) 143562 (Appellate Court of Illinois, 2017)
State v. May
804 S.E.2d 584 (Court of Appeals of North Carolina, 2017)
David Keen v. State of Tennessee
Court of Criminal Appeals of Tennessee, 2017
Com. v. Garcia, J.
Superior Court of Pennsylvania, 2017
Com. v. Jordan, D.
Superior Court of Pennsylvania, 2017
Com. v. Fraticelli, J.
Superior Court of Pennsylvania, 2017
Com. v. Nauss, R.
Superior Court of Pennsylvania, 2017
Com. v. Dunst, D.
Superior Court of Pennsylvania, 2017
Com. v. Ocasio-Santana, L.
Superior Court of Pennsylvania, 2017
Com. v. Williams, V.
Superior Court of Pennsylvania, 2017
Com. v. Wilson, R.
Superior Court of Pennsylvania, 2017
Com. v. Page, A.
Superior Court of Pennsylvania, 2017

Cite This Page — Counsel Stack

Bluebook (online)
577 U.S. 190, 136 S. Ct. 718, 193 L. Ed. 2d 599, 25 Fla. L. Weekly Fed. S 611, 84 U.S.L.W. 4063, 2016 U.S. LEXIS 862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-louisiana-scotus-2016.