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Carltez Taylor v. Indiana

Paid petition · Supreme Court of Indiana, No. 82S00-1610-LW-576 · judgment December 5, 2017


Certiorari denied · December 3, 2018
Pre-decision estimate: 0% cert probability

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

Question presented

In light of Petitioner’s character and the nature of the offense, the Supreme Court of Indiana invoked its authority and reduced his sentence of life without the possibility of parole because he did not deserve a “guaranteed death in prison” and his sentence was an inappropriate outlier. That court changed his sentence from life without the possibility of parole to a term of 80 years for a single offense, a sentence that, even with every potential reduction applied, will exceed his life expectancy. Because the Supreme Court of Indiana does not consider such a sentence to be life without the possibility of parole, it held that the protections announced in Miller v. Alabama , 567 U.S. 460 (2012) do not apply, presenting the following question: Whether it is cruel and unusual punishment to sentence a juvenile to a term exceeding their life expectancy for a single offense even when the sentencing court holds that neither the character of the defendant nor the nature of the offense can sustain a sentence of life without the possibility of parole.

Counsel of record

For petitioner
Matthew Jon McGovern

For respondent
Thomas M. Fisher
EdChoice, Inc.

Case

Conference history
Distributed for 1 conference

Linked docket
17A1233

Proceedings

  1. Dec 03 2018
    Petition DENIED.
  2. Nov 07 2018
    DISTRIBUTED for Conference of 11/30/2018.
  3. Nov 02 2018
    Reply of petitioner Carltez Taylor filed.
  4. Oct 19 2018
    Brief of respondent State of Indiana in opposition filed.
  5. Aug 15 2018
    Motion to extend the time to file a response is granted and the time is extended to and including October 19, 2018.
  6. Aug 08 2018
    Motion to extend the time to file a response from August 20, 2018 to October 19, 2018, submitted to The Clerk.
  7. Jul 16 2018
    Petition for a writ of certiorari filed. (Response due August 20, 2018)
  8. Jul 03 2018
    Application of Carltez Taylor for a further extension of time not accepted for filing. (July 19, 2018)
  9. May 09 2018
    Application (17A1233) granted by Justice Kagan extending the time to file until July 15, 2018.
  10. May 04 2018
    Application (17A1233) to extend the time to file a petition for a writ of certiorari from May 16, 2018 to July 15, 2018, submitted to Justice Kagan.