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Jonas David Nelson v. Minnesota

Paid petition · Supreme Court of Minnesota, No. A19-1451 · judgment September 21, 2020


Certiorari denied · April 19, 2021
Pre-decision estimate: 2% cert probability

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

Questions presented

This Court’s “cases establish that the ‘narrow proportionality’ review applicable to noncapital cases … takes the personal ‘culpability of the offender’ into account in examining whether a given punishment is proportionate to the crime,” Graham v. Florida, 560 U.S. 48, 90 (2010) (Roberts, C.J., concurring), and that “all but the rarest of juvenile offenders” are ineligible for sentences of life in prison without the possibility of release, Montgomery v. Louisiana, 136 S. Ct. 718, 734 (2016). Petitioner, who was 18 years and 7 days old on the night he killed his abusive father and likely suffered from both cognitive deficits and mental illness that may have caused the crime, sought a hearing where he could prove that his automatic sentence of life without the possibility of release violates the Eighth Amendment. The postconviction court denied petitioner a hearing, and a divided Minnesota Supreme Court affirmed over two dissents. The questions presented are:

  1. Whether the Eighth Amendment right to narrow proportionality review of sentences of life without release entails a right to a hearing at which evidence may be presented sufficient to sustain a claim of gross disproportionality.

  2. Whether the Eighth Amendment or Equal Protection Clause guarantees defendants who are just barely chronological adults a hearing at which evidence may be presented sufficient to sustain a claim that they are materially indistinguishable from juveniles for Eighth Amendment purposes. (i)

Counsel of record

For petitioner
Andrew Timothy Tutt
Arnold & Porter Kaye Scholer

For respondent
Edwin W. Stockmeyer
Office of the Minnesota Attorney General

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

  1. Apr 19 2021
    Petition DENIED.
  2. Mar 25 2021
    Brief amicus curiae of Due Process Institute filed. (Distributed)
  3. Mar 24 2021
    DISTRIBUTED for Conference of 4/16/2021.
  4. Mar 24 2021
    Brief amicus curiae of The Rutherford Institute filed. (Distributed)
  5. Mar 04 2021
    Waiver of right of respondent State of Minnesota to respond filed.
  6. Feb 18 2021
    Petition for a writ of certiorari filed. (Response due March 25, 2021)