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Brett Jones v. Mississippi

Paid petition · Court of Appeals of Mississippi, No. 2015-KA-00899-COA · judgment December 14, 2017

Decided · April 22, 2021
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Question presented

Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole.

Counsel of record

For petitioner
David Michael Shapiro
Roderick & Solange MacArthur Justice Center

For respondent
Krissy Casey Nobile
MS Office of Capital Post-Conviction Counsel

Case

Conference history
Distributed for 4 conferences

Amicus briefs
1 cert-stage · 13 merits
(8 supporting pet./neither, 5 respondent)

Argument & decision

Argued November 3, 2020 — David M. Shapiro · Krissy C. Nobile. Audio and transcript

Decided April 22, 2021. Opinion by Kavanaugh.

Proceedings

  1. May 24 2021
    MANDATE ISSUED.
  2. May 24 2021
    JUDGMENT ISSUED.
  3. Apr 22 2021
    Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., Alito, Gorsuch, and Barrett, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Sotomayor, J., filed a dissenting opinion, in which Breyer and Kagan, JJ., joined.
  4. Nov 03 2020
    Argued. For petitioner: David M. Shapiro, Chicago, Ill. For respondent: Krissy C. Nobile, Deputy Solicitor General, Jackson, Miss.; and Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
  5. Oct 05 2020
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  6. Sep 14 2020
    Reply of petitioner Brett Jones filed. (Distributed)
  7. Sep 09 2020
    Record of the Supreme Court of Mississippi electronically received (includes circuit court record).
  8. Sep 02 2020
    CIRCULATED
  9. Aug 31 2020
    Record requested from the Supreme Court of Mississippi.
  10. Aug 21 2020
    Brief amicus curiae of United States filed.
  11. Aug 21 2020
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  12. Aug 21 2020
    Brief amici curiae of State of Indiana, et al. filed.
  13. Aug 21 2020
    Brief amicus curiae of Populi filed.
  14. Aug 21 2020
    Brief amicus curiae of Criminal Justice Legal Foundation filed.
  15. Aug 21 2020
    Brief amici curiae of National Organization of Victims of Juvenile Murderers, et al. filed. (9/4/2020) (Distributed)
  16. Aug 19 2020
    SET FOR ARGUMENT on Tuesday, November 3, 2020.
  17. Aug 14 2020
    Brief of respondent Mississippi filed.
  18. Jun 12 2020
    Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
  19. Jun 12 2020
    Brief amici curiae of Juvenile Law Center, et al. filed.
  20. Jun 12 2020
    Brief amici curiae of Madge Jones, Tony Jones, Marty Jones and Nicolle Olson filed.
  21. Jun 12 2020
    Brief amici curiae of The ACLU Foundation, et al. filed.
  22. Jun 12 2020
    Brief amicus curiae of Jonathan F. Mitchell & Adam K. Mortara in support of neither party filed.
  23. Jun 12 2020
    Brief amici curiae of Erwin Chemerinsky, et al. filed.
  24. Jun 12 2020
    Brief amici curiae of Current and Former Prosecutors, Department of Justice Officials, and Judges filed.
  25. Jun 12 2020
    Brief amicus curiae of The American Bar Association filed.
  26. Jun 05 2020
    Joint appendix filed. (Statement of costs filed)
  27. Jun 05 2020
    Brief of petitioner Brett Jones filed.
  28. Mar 26 2020
    Motion for an extension of time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 5, 2020. The time to file respondent's brief on the merits is extended to and including August 14, 2020. Petitioner's reply brief on the merits is due pursuant to Rule 25.3.
  29. Mar 13 2020
    Motion for an extension of time to file the briefs on the merits filed.
  30. Mar 09 2020
    Petition GRANTED.
  31. Mar 02 2020
    DISTRIBUTED for Conference of 3/6/2020.
  32. Feb 26 2020
    DISTRIBUTED for Conference of 2/28/2020.
  33. Jun 26 2019
    DISTRIBUTED for Conference of 10/1/2019.
  34. Jun 25 2019
    Reply of petitioner Brett Jones filed.
  35. Jun 11 2019
    Brief of respondent Mississippi in opposition filed.
  36. Jun 03 2019
    Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2019.
  37. May 22 2019
    Motion of Scholars of Criminal Law for leave to file amicus brief not accepted for filing. (Corrected verison submitted).
  38. May 22 2019
    Brief amici curiae of Scholars of Criminal Law filed. (5/31/2019)
  39. May 17 2019
    Motion of Mississippi for an extension of time not accepted for filing. (May 28, 2019)
  40. May 17 2019
    Motion to extend the time to file a response from May 22, 2019 to June 11, 2019, submitted to The Clerk.
  41. Apr 22 2019
    Response Requested. (Due May 22, 2019)
  42. Apr 10 2019
    DISTRIBUTED for Conference of 4/26/2019.
  43. Apr 03 2019
    Waiver of right of respondent Mississippi to respond filed.
  44. Mar 29 2019
    Petition for a writ of certiorari filed. (Response due April 29, 2019)
  45. Feb 19 2019
    Application (18A840) granted by Justice Alito extending the time to file until March 29, 2019.
  46. Feb 15 2019
    Application (18A840) to extend the time to file a petition for a writ of certiorari from February 27, 2019 to March 29, 2019, submitted to Justice Alito.
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