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Shawn Labarron Davis, aka Shawn Davis, aka Shawn L. Davis, aka Shawn Labarren Davis, aka Shawn Labarum Davis v. Mississippi

Paid petition · Supreme Court of Mississippi, No. 2016-CT-00638-SCT · judgment January 11, 2018

Certiorari denied · October 1, 2018
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

The Court stated in Montgomery v. Louisiana that the Eighth Amendment prohibits life without parole sentences “for all but the rarest of juvenile offenders, those whose crimes reflect permanent incorrigibility.” 136 S. Ct. 718, 734 (2016). Nonetheless, state courts of last resort are divided 7-4 on whether the Eighth Amendment authorizes a juvenile to be sentenced to life without parole absent a finding of permanent incorrigibility. The first question presented is:

  1. Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible in order to impose a sentence of life in prison without the possibility of parole. The second question presented is:

  2. Whether the Eighth Amendment prohibits a life without parole sentence for a crime committed by a juvenile.

Counsel of record

For petitioner
David Michael Shapiro
Roderick & Solange MacArthur Justice Center

For respondent
Katy Taylor Gerber
Office of the Attorney General State of Mississipp

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jun 27 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jun 26 2018
    Reply of petitioner Shawn Labarron Davis filed.
  4. Jun 13 2018
    Brief of respondent State of Mississippi in opposition filed.
  5. May 16 2018
    Brief amicus curiae of Phillips Black Project filed.
  6. May 08 2018
    Motion to extend the time to file a response is granted and the time is extended to and including June 15, 2018.
  7. May 04 2018
    Motion to extend the time to file a response from May 16, 2018 to June 15, 2018, submitted to The Clerk.
  8. May 03 2018
    Brief amicus curiae of Juvenile Law Center filed.
  9. Apr 18 2018
    Brief amicus curiae of Fair Punishment Project filed.
  10. Apr 16 2018
    Response Requested. (Due May 16, 2018)
  11. Apr 04 2018
    DISTRIBUTED for Conference of 4/20/2018.
  12. Mar 28 2018
    Waiver of right of respondent State of Mississippi to respond filed.
  13. Mar 23 2018
    Petition for a writ of certiorari filed. (Response due April 23, 2018)