State Cases
Click on the links below for state information.
Alabama | Hawaii | Massachusetts | New Mexico | South Dakota |
Alaska | Idaho | Michigan | New York | Tennessee |
Arizona | Illinois | Minnesota | North Carolina | Texas |
Arkansas | Indiana | Mississippi | North Dakota | Utah |
California | Iowa | Missouri | Ohio | Vermont |
Colorado | Kansas | Montana | Oklahoma | Virginia |
Connecticut | Kentucky | Nebraska | Oregon | Washington |
Delaware | Louisiana | Nevada | Pennsylvania | West Virginia |
Florida | Maine | New Hampshire | Rhode Island | Wisconsin |
Georgia | Maryland | New Jersey | South Carolina | Wyoming |
Arkansas
JLWOP
Lemuel Session Whiteside v. State of Arkansas (JLWOP) (2011)
Defendant Whiteside challenges a sentence of life imprisonment without the possibility of parole for a juvenile who did not kill or intend to kill. Whiteside asserts such as sentence is barred by the Eighth Amendment of the United States Constitution. Additionally he asserts the unconstitutionality is heightened by the Arkansas mandatory sentencing scheme, which fails to address the reduced culpability of adolescents and precludes the judge from taking age into account. Whiteside was convicted of felony murder.
- Amicus Curiae Brief on Behalf of Whiteside
- Court’s Opinion
California
JLWOP
In Re Nuñez (JLWOP) (2009)
Defendant Nuñez challenged his sentence of life imprisonment without the possibility of parole under the federal and California constitutions. Nuñez was convicted of a non-homicide offence, kidnapping for ransom, associated with a crime committed at age 14. The case was decided in Nuñez’ favor with the court holding the sentence is cruel and unusual and violates the federal and California constitutions.
De Facto JLWOP
In Re Caballero (110 years to life) (2011)
Defendant Caballero challenges his sentence of life imprisonment without the possibility of parole under the federal and California constitutions. Cabellero was convicted of non-homicide offenses, three counts of attempted murder, with gang and firearm enhancement, at age 16. A decision is still pending.
- Petitioner’s Opening Brief
- Petitioner’s Reply Brief
- Amicus Brief on Behalf of Caballero
Life Sentence
State v. Pratcher (50 years to Life) (2007)
Darrren Pratcher challenges his sentence of 50 years to life in prison under the Eighth Amendment of the United States Constitution and international law. Mr. Pratcher was found guilty of first degree murder for a crime he committed at the age of 15.
- Petitioner’s Brief on the Merits
Florida
Graham v. Florida (2009)
See U.S. Supreme Court Cases
Sullivan v. Florida (2009)
See U.S. Supreme Court Cases
Illinois
Life Sentence
People v. Allen (2008)
Defendant Allen challenges his sentence of natural life imprisonment under the Illinois and federal constitutions. Allen was convicted of first-degree murder for crimes committed at age 15.
- Amicus Brief on international human rights law in support of Petitioner
Missouri
Juvenile Death Penalty
Roper v. Simmons (2005)
See U.S. Supreme Court Cases
Nevada
JLWOP
Domingues v. State of Nevada (1999)
Defendant Domingues challenged his convicted of murder in adult court and death sentence for crimes committed at age 16. He brought this international claim in trial court in Nevada. The trial court denied his claims. He appealed to the Nevada Supreme Court, which concluded that due to the United States’ reservation to the ICCPR, Domingues’ death sentence did not violate international law. In 1999, Petitioner filed a petition for certiorari to the United States Supreme Court. The Supreme Court invited the Solicitor General to file a brief expressing the views of the United States in this case. The brief outlined the United States’ opposition to Domingues’ argument regarding violations of international law. The U.S. Supreme Court then denied Domingues’ writ without opinion.
- Defendant’s appeal to the Inter-American Commission on Human Rights
- Petition for Writ of Certiorari to the Nevada Supreme Court (filed with the United States Supreme Court) (1999)
Pennsylvania
JLWOP post-Graham
Commonwealth v. Ligon (2010)
Defendant Ligon challenges his mandatory sentence of life without parole under the Federal and Pennsylvania constitutions in light of Graham v. Florida. Ligon was convicted of two counts of first degree murder for a crime that he committed when he was 15.
- Motion for Post Conviction Collateral Relief
Commonwealth v. Brabham (2010)
Defendant Brabham challenges his mandatory sentence of life without parole under the Federal and Pennsylvania constitutions. Brabham was convicted of second degree felony murder for a crime that he committed when he was 16.
- Amicus Brief on international human rights law in support of Petitioner
Commonwealth v. Batts (2009)(argued before Pennsylvania Supreme Court, Dec. 2010)
Defendant Batts challenges his sentence of life imprisonment without the possibility of parole under the Pennsylvania and United States Constitutions. Batts was convicted of first degree murder for a crime he committed when he was 14 years old.
- Amicus Brief on international human rights law in support of Petitioner
JLWOP
Commonwealth v. Batzig (JLWOP) (2008)
Defendant Batzig challenges his sentence of life imprisonment without the possibility of parole under the Federal and Pennsylvania constitutions. Batzig was convicted of first-degree murder for a crime committed at age 16.