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Robert Veal v. Georgia

Paid petition · Supreme Court of Georgia, No. S17A1758 · judgment February 5, 2018

Certiorari denied · October 9, 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.

Question presented

Applying Miller and Montgomery in his first appeal, the Georgia Supreme Court vacated Petitioner’s life without parole sentence and remanded for findings of “irreparable corruption” or “permanent incorrigibility” —even noting that Petitioner was convicted only as an aider-and-abetter. Circumventing the mandate, the trial court imposed eight consecutive life sentences plus sixty years, placing Petitioner’s first opportunity for release beyond his natural life expectancy. Petitioner again appealed. The Georgia Supreme Court affirmed looking for guidance from this Court. Does the Eighth Amendment require trial courts to consider a juvenile’s youth and attendant circumstances before imposing a de facto life without parole sentence?

Counsel of record

For petitioner
Kelsi Brown Corkran
Institute for Constitutional Advocacy & Protection

For respondent
Andrew Alan Pinson
Office of the Georgia Attorney General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. Oct 09 2018
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Sep 12 2018
    DISTRIBUTED for Conference of 10/5/2018.
  3. Sep 11 2018
    Reply of petitioner Robert Veal filed.
  4. Aug 27 2018
    Brief of respondent the State of Georgia in opposition filed.
  5. Jun 28 2018
    Brief amici curiae of Phillips Black Inc and Fair Punishment Project filed.
  6. Jun 28 2018
    Brief amici curiae of Juvenile Law Center et al. filed.
  7. Jun 08 2018
    Motion to extend the time to file a response is granted and the time is extended to and including August 27, 2018.
  8. Jun 05 2018
    Motion to extend the time to file a response from June 28, 2018 to August 27, 2018, submitted to The Clerk.
  9. May 29 2018
    Response Requested. (Due June 28, 2018)
  10. May 22 2018
    DISTRIBUTED for Conference of 6/7/2018.
  11. May 16 2018
    Waiver of right of respondent the State of Georgia to respond filed.
  12. May 03 2018
    Petition for a writ of certiorari filed. (Response due June 6, 2018)