Supreme Court Report

Supreme Court of the United States · Official docket →

Jerrard T. Cook, aka Jerrad T. Cook, aka Jerrard Cook aka Jerrard Tramaine Cook, aka J-Fat v. Mississippi

Paid petition · Court of Appeals of Mississippi, No. 2016-CA-00687-COA · judgment August 8, 2017

Certiorari denied · January 7, 2019
Pre-decision estimate: 7% cert probability (95% interval 4%–11%)

Before the decision, about 1.6× 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 petition citing three to ten dissents, and down for a state or local-government respondent.

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, federal appellate courts and state courts of last resort are divided 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
Scott Stuart
Office of the Attorney General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Linked docket
17A1336

Order
Order list, January 7, 2019 · Certiorari denied

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Dec 17 2018
    Reply of petitioner Jerrard T. Cook filed.
  4. Dec 03 2018
    Brief of respondent State of Mississippi in opposition filed.
  5. Nov 14 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including December 3, 2018.
  6. Nov 08 2018
    Motion to extend the time to file a response from November 13, 2018 to December 3, 2018, submitted to The Clerk.
  7. Oct 11 2018
    Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2018.
  8. Oct 10 2018
    Motion of State of Mississippi for an extension of time not accepted for filing. (October 16, 2018 - Duplicate submission)
  9. Oct 09 2018
    Motion to extend the time to file a response from October 11, 2018 to November 13, 2018, submitted to The Clerk.
  10. Sep 11 2018
    Response Requested. (Due October 11, 2018)
  11. Sep 05 2018
    DISTRIBUTED for Conference of 9/24/2018.
  12. Aug 20 2018
    Waiver of right of respondent State of Mississippi to respond filed.
  13. Jul 20 2018
    Petition for a writ of certiorari filed. (Response due August 22, 2018)
  14. Jun 01 2018
    Application (17A1336) granted by Justice Alito extending the time to file until July 20, 2018.
  15. May 31 2018
    Application (17A1336) to extend the time to file a petition for a writ of certiorari from June 20, 2018 to July 20, 2018, submitted to Justice Alito.
    Main DocumentLower Court Orders/OpinionsProof of Service