Podcast appearances and mentions of Miller V Alabama

On a sweltering August night in Alabama in 1999, neighbors of the Liz and Deroy Nalls heard the desperate cries of the couple's 10-year-old granddaughter Mary. They discovered the child bleeding profusely as she stumbled down the dark road towards their home. The Nalls' house was ablaze and Grandma Liz sat critically injured on a lawn chair underneath a tree in her front yard. As firefighters fought the flames, they discovered the tortured remains of two more Nalls' family members. However, one person was unaccounted for that night: Mary's 14-year-old sister, Ashley Jones. Listen to this week's episode to learn about the tragic events that changed the lives of one Birmingham family forever.Thanks to this episode's sponsor - Sundance Now. Watch exclusive Sundance Now true crime shows FREE for 30 days by going to Sundancenow.com and using our promo code "TNTCRIMES"____________>Enjoy ad-free and early releases of our public episodes PLUS over 100 exclusive private episodes of CRIMES AND CONSEQUENCES bY going to Patreon.com/tntcrimes or Crimesandconsequences.com. You can also enjoy them through our Apple Podcast Channel.Facebook and IG: @hardcoretruecrimeSources:1) Court Memorandums, Briefs & Opinions;2) TVCrimeSky.com "Teens Turn Grandparents' Home Into Slaughterhouse, Parts 1 & 2";3) New York Times article "Lifers As Teenagers Now Seeking Second Chance";4) Alabama Inmate Info: http://www.doc.state.al.us/InmateHistory ;5) Georgetown Law Journal: "Another Bite at the Graham Cracker: The Supreme Court's Surprise Revisiting of Juvenile Life Without Parole in Miller v. Alabama and Jackson v. Hobbs";6) Teenkillers.org: National Organization for Victims of Juvenile Murderers;7) Apnews.com: "Teen Ashley Jones Sentenced to Life in Prison";8) Tuscaloosa News;9) TributeArchives.com: "Mary Elizabeth Nalls";10) Poolefuneralchapel.com: "Mary Elizabeth Nalls";11) EJI.org: "Cruel and Unusual";

On July 16, 2003, 14-year-old Evan Miller and his 16-year-old friend Colby Smith beat 52-year-old father of three Cole Cannon in his home, before attempting to cover their tracks with fire. His case would end up at the Supreme Court, but it would take 9 years for Miller himself to be resentenced, with a final decision coming down on April 27, 2021.This episode brought to you by Best Fiends, the unique and challenging puzzle game - download today!Music:We Talk of Dreamswww.purple-planet.comwww.bensounds.comFor sources, visit:

This week the Combine discusses gang culture and its relationship to popular culture and entertainment. This hyper-capitalist machine called America, seamlessly works in conjunction with the entertainment industry to make street/gang culture look like a viable option for young black men globally. Yet when these young men get caught up in the legal system (or worse), they often find themselves blindsided facing a legal system that is designed for mass incarceration. We are the Brooklyn Combine, a non-profit community organization. We work with schools, community organizations, and dedicated city officials to help provide mentorship, critical education, leadership, and social support programs to youth and young adults in low-income and underserved communities. Miller v. Alabama https://www.supremecourt.gov/opinions/11pdf/10-9646g2i8.Pdf Music: 1. I Came Up - J Stone 2. Sammy The Sosa - Ankhlejohn 3. Kokoroko - Ti De 4. Solo - Lous and The Yakuza 5. Toccata and Fugue in D minor - Bach / Move Pt. 2 (feat. J Dilla and Roc C) - Oh No

In 1999, a teen is shot and killed during an argument over tire rims. 3 young men were arrested after an eyewitness identified them. 17 year old Earnest Jackson was the first to go to trial and convicted of first degree murder for being at the scene of the crime. However, in Jackson's codefendant's trial, the shooter confesses to killing the victim and admits that Jackson was not even there and innocent of any crime. The defendant was acquitted of the murder on the basis of self defense. But Jackson's conviction remained and he has been wrongfully convicted for over 20 years. We will also be discussing the SCOUTS decision of Miller v. Alabama. Learn how you can be a part of the movement to help #SendEarnestHome 

When it comes to juvenile convictions and sentencing, some gray areas may be encountered. Brett Jones found himself a product of this uncertainty in his post-conviction relief proceeding. At the age of 15 Jones stabbed his grandfather to death and was sentenced to life in prison; however, at this hearing the Mississippi Supreme Court ordered he be resentenced after a hearing to determine his parole eligibility. Simultaneous to this decision was the U.S. Supreme Court's decision in Miller v. Alabama and Montgomery v. Louisiana; in Miller, the Court held that mandatory life in prison without parole for juveniles was a violation of the Eighth Amendment, and in Montgomery, it clarified that Miller barred life in prison without parole for all juveniles except for "the rarest of juvenile offenders, those whose crimes reflect permanent incorrigibility." Despite this precedent, the Circuit court held that Jones was still not entitled to parole eligibility. Featuring: -- Marc Levin, Chief of Policy & Innovation, Right on Crime, Texas Public Policy Foundation

On July 16, 2003, 14-year-old Evan James Miller and his 16-year-old friend Colby Smith beat 52-year-old father of three Cole Cannon in his home, before attempting to cover their tracks with fire.His case would end up at the Supreme Court, along with those of Kuntrell Jackson, and later Henry Montgomery, all leading to landmark decisions, with Terence Graham having helped paved their way. Supreme Court decisions in Jackson v. Hobbs (2012), Graham v. Florida (2010), and Montgomery v. Louisiana (2016) are also discussed. This episode brought to you by Best Fiends, the unique and challenging puzzle game - download today!Music:We Talk of Dreamswww.purple-planetSources:https://jjie.org/2016/03/18/long-after-landmark-decision-evan-miller-still-waits-for-resentencing/209630/https://jjie.org/2017/03/14/family-of-evan-miller-and-his-murder-victim-testify-in-resentencing/https://jjie.org/2017/03/15/brain-science-prison-staff-warden-take-stand-in-evan-miller-resentencing-trial/https://www.aetv.com/real-crime/terrance-graham-florida-evan-miller-alabama-henry-montgomery-louisiana-cases-lifehttps://www.themarshallproject.org/2017/03/12/was-evan-miller-the-rare-juvenile-who-deserved-life-without-parolehttps://www.al.com/news/2016/03/after_landmark_decision_alabam.htmlhttps://www.al.com/news/birmingham/2017/03/evan_miller_the_alabama_inmate.htmlhttp://www.teenkillers.org/index.php/memorials/a-d/alabama-victims/cole-cannon/https://www.montgomeryadvertiser.com/story/news/2017/07/31/alabama-grapples-new-sentencing/524455001/https://www.upi.com/Top_News/US/2012/03/18/Under-the-US-Supreme-Court-When-children-commit-murder/12851332055800/https://murderpedia.org/male.M/images/miller_evan/06-0741.pdfhttp://legacy.decaturdaily.com/decaturdaily/news/061021/trial.shtmlhttps://www.al.com/news/birmingham/2017/03/evan_miller_should_one_day_get.htmlhttps://caselaw.findlaw.com/ar-supreme-court/1416792.htmlhttps://www.ap.org/explore/locked-up-for-life/Graham-v-Floridahttps://www.ap.org/explore/locked-up-for-life/Miller-v-Alabama-and-Jackson-v-Hobbshttps://www.ap.org/explore/locked-up-for-life/Montgomery-v-Louisianahttps://www.oyez.org/cases/2009/08-7412https://www.oyez.org/cases/2011/10-9646https://www.savannahstate.edu/News/2020/01/23/Kuntrell-Jackson-to-speak-about-criminal-justice-reform-as-part-of-BHFhttps://theintercept.com/2019/06/02/henry-montgomery-juvenile-life-without-parole/http://jaapl.org/content/early/2020/01/24/JAAPL.003918-20#:~:text=The%20Miller%20ruling%20identified%20five,offense%20and%20any%20influence%20ofhttps://www.motherjones.com/kevin-drum/2016/03/very-brief-history-super-predators/https://www.youtube.com/watch?v=rjHTrpIlddw

In this episode, we talk with two advocates for juveniles who have been working intensely to end youth sentenced to life without parole. They also support other youth to get out of the juvenile justice system, once and for all. John Pace is the Juvenile Life Without Parole (“JLWOP”) Reentry Coordinator with the Youth Sentencing & Reentry Project. In this role he coordinates efforts to garner the necessary resources to support former juvenile lifers returning home. As a former juvenile lifer himself–John spent 31 years in prison, beginning at age 17–he was actively involved in numerous initiatives while incarcerated to help support his personal transition back to the community and that of other juvenile lifers. John is a certified paralegal and a former member of the Para Professional Law Clinic (PPLC) at Graterford prison. In 2014, he became a certified instructor in the Inside-Out Pedagogy, which teaches the art of facilitating dialogue. While incarcerated, John earned his Associates Degree and Bachelor’s Degree from Villanova University, with minors in sociology and criminal justice. John Pace was named the first-ever recipient of the Raymond Pace Alexander Reentry Star of the Year Award in June 2018 in recognition of his tremendous accomplishments since returning home from prison.Contact: jpace@ysrp.org; 267-703-8053Joanna Visser Adjoian, Esq. is co-founder and Co-Director of the Youth Sentencing & Reentry Project. At YSRP, she leads the reentry team for youth and Juvenile Lifers, does policy advocacy work, and works with her Co-Director and Director of Operations on fundraising, communications and other aspects of the organization’s operations.Prior to co-founding YSRP, Joanna served as Associate Director and Staff Attorney of the Toll Public Interest Center at the University of Pennsylvania Law School, where she oversaw the Center’s 26 student pro bono projects, offered guidance to more than 100 student leaders, and directly supervised students in new and existing pro bono initiatives. Before joining the Toll Center, Joanna she advanced efforts to end the practice of sentencing children to life in prison without parole, including co-authoring an Amicus brief to the U.S. Supreme Court in the landmark case of Miller v. Alabama. Joanna is a 2014 Echoing Green Fellow, a 2016 Claneil Emerging Leader Fellow, a 2016 recipient of the Penn Law Young Alumni Award, and a 2017 recipient of the Penn Law Alan Lerner Rising Star Award. She was honored to receive the 2018 Shepherd of Peace Award from Good Shepherd Mediation Program, the 2019 Haddon, McClellan, and Richardson Award from the Temple University Black Law Students Association, and the 2019 F. Sean Peretta Service Award from the Philadelphia Bar Association’s Young Lawyer Division. Along with Lauren Fine, she is the 2018 recipient of the American Constitution Society David Carliner Public Interest Award. Joanna is a published author, including articles in The ChampSupport the show (https://www.patreon.com/posts/35274155)

Mass Incarceration The end of Life Sentences and Death Penalty for Juveniles Miller v. Alabama, Montgomery v Louisana Special Guest: Someone directly affected by the sentencing disparity of the juvenile justice system.  What is the "School to Prison Pipeline"?  Juveniles in Adult Prisons  The "Kalief Browders" we don't hear about.  The shift in the juvenile system.  Unfair sentencing practices of black juveniles vs. white juveniles. 

QUESTION PRESENTED: In Miller v. Alabama, 567 U.S. 460 (2012), this Court held that "mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment's prohibition on 'cruel and unusual punishments.'" Id. at 465. Four years later, in Montgomery v. Louisiana, 136 S. Ct. 718 (2016), the Court held that "Miller announced a substantive rule of constitutional law" that, under Teague v. Lane, 489 U.S. 288 (1989), must be given "retroactive effect" in cases where direct review was complete when Miller was decided. Montgomery, 136 S. Ct. at 736. The question presented is: Did the Fourth Circuit err in concluding-in direct conflict with Virginia's highest court and other courts-that a decision of this Court (Montgomery) addressing whether a new constitutional rule announced in an earlier decision (Miller) applies retroactively on collateral review may properly be interpreted as modifying and substantively expanding the very rule whose retroactivity was in question? Argument Transcript: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-217_k5fl.pdf --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app Support this podcast: https://anchor.fm/scotus/support

My guest is James Garbarino. His new book is Miller's Children: Why Giving Teenage Killers a Second Chance Matters for All of Us (https://www.amazon.com/Millers-Children-Teenage-Killers-Matters-dp-0520295676/dp/0520295676/ref=mt_hardcover?_encoding=UTF8&me=&qid=). It is a passionate and comprehensive look at the human consequences of the US Supreme Court’s decision in the case of Miller v. Alabama, which outlaws mandatory life-without-parole sentences for juvenile murderers. The decision to apply the law retroactively to other cases has provided hope to those convicted of murders as teenagers and had been incarcerated with the expectation that they would never leave prison until their own death as incarcerated adults. Psychological expert witness James Garbarino shares his fieldwork in more than forty resentencing cases of juveniles affected by the Miller decision. Providing a wide-ranging review of current research on human development in adolescence and early adulthood, he shows how studies reveal the adolescent mind’s keen ability for malleability, suggesting the true potential for rehabilitation. Garbarino focuses on how and why some convicted teenage murderers have been able to accomplish dramatic rehabilitation and transformation, emphasizing the role of education, reflection, mentoring, and spiritual development. With a deft hand, he shows us the prisoners’ world that is filled, first and foremost, with stories of hope amid despair, and moral and psychological recovery in the face of developmental insult and damage. Special Guest: James Garbarino .

On Friday, September 22, 2006, Cassie Jo Stoddart was stabbed to death while housesitting for her aunt and uncle in Pocatello, Idaho.   Cassie’s boyfriend, Matt Beckham and friends, Torey Adamcik and Brian Draper, spent part of the evening with her.  Within 15 minutes of Torey and Brian leaving, the power in the house went out, which spooked both Cassie and Matt.  Not allowed to spend the night, Matt was picked up by his mother at around 10:30 p.m.  On Sunday, September 24, Cassie’s 13-year old cousin discovered her body in the family room.  An autopsy revealed that Cassie had been stabbed more than 30 times, with 12 wounds deemed potentially fatal.   Police questioned Matt, Torey and Brian immediately after Cassie’s body was discovered.  Investigators believed that Matt was telling them the truth, but did not find Torey and Brian credible.  On Wednesday, September 27, 2006, Brian Draper led police to a cache of evidence buried in Black River Canyon.  Draper and Adamcik attempted to burn some of the evidence, which included a several knives, a videotape, gloves, masks and clothing.  The knives had been purchased by an 18-year old friend at Adamcik’s request on August 30, 2006.  Join Lisa O’Brien and Michael Carnahan on Tuesday, February 5, 2019, at 8:00 p.m. Central for a discussion of the evidence against Adamcik and Draper, their direct appeals, post-conviction claims and Adamcik’s attempt to have his life sentence reduced pursuant to Miller v. Alabama and Montgomery v. Louisiana. We’re a live show and calls are welcome.  Our phone number is (347) 989-1171.  

Avi and Sajid took the podcast on the road to the Capital Case Defense Seminar in Monterey, CA. This episode is an interview with Marc Bookman. Marc is the co-director of the Atlantic Center for Capital Representation in Philadelphia, PA. The interview focuses on Marc's work on behalf of Ricky Olds. Ricky was sentenced to life without the possibility of parole for being present at a homicide when he was 14. Marc tells Ricky's story and describes how he challenged Ricky's sentence after the Supreme Court decided Miller v. Alabama. Marc's writing has been published in the Atlantic, Mother Jones, Slate, and Vice News. You can find his article about Ricky Olds here: https://www.vice.com/en_us/article/7bm9xe/ricky-olds-prison-juvenile-justice-sentencing-reform-america

On January 25, 2016, in a 6-3 opinion written by Justice Kennedy, the Supreme Court ruled that those sentenced as juveniles to mandatory life imprisonment for murder, “should have a chance to be resentenced or argue for parole.” This ruling plays off of the 2012 decision in Miller v. Alabama, which struck down mandatory life terms without parole for juveniles. This now must be applied retroactively and could affect at least 1,000 inmates in similar situations across the country. In this episode of Lawyer 2 Lawyer, host Bob Ambrogi joins Emily C. Keller, a supervising attorney at Juvenile Law Center, and professor Christopher Slobogin from Vanderbilt Law School as they look at the recent Supreme Court decision, inside Montgomery v. Louisiana and Miller v. Alabama, the impact on past and future cases involving juveniles, the decision’s impact on the families of victims and juvenile justice reform. Emily C. Keller engages in litigation and policy efforts to improve the child welfare and justice systems, including efforts to eliminate juvenile life without parole. Emily served as co-counsel for Henry Montgomery in Montgomery v. Louisiana before the U.S. Supreme Court and co-authored an amicus brief in Miller v. Alabama, the U.S. Supreme Court’s 2012 case banning mandatory life without parole sentences for juveniles. Emily has also submitted amicus briefs in cases around the country challenging the imposition of life without parole and other extreme sentences on juvenile offenders. Professor Christopher Slobogin occupies the Milton Underwood Chair at Vanderbilt Law School, where he directs the criminal justice program.  He has authored several books, including Juveniles at Risk: A Plea for Preventive Justice, published by Oxford University Press. Links: http://www.jlc.org/ http://www.jlc.org/about-us/who-we-are/staff/emily-keller http://law.vanderbilt.edu/bio/christopher-slobogin

On this episode, we review the Court's opinion this week in Montgomery v. Louisiana, which consider whether a prior Supreme Court ruling, Miller v. Alabama (2012), should apply retroactively to juvenile defendants that were sentenced to life without parole prior to the Court's decision. Miller v. Alabama held that mandatory sentences of life without the possibility of parole violates the Eighth Amendment's prohibition against "cruel and unusual punishment."

Miller v. Alabama | 03/20/12 | Docket #: 10-9646

A case in which the Court found it to be a violation of the Eighth Amendment to impose a sentence of life imprisonment without the possibility of parole on juvenile offenders.

A case in which the Court found it to be a violation of the Eighth Amendment to impose a sentence of life imprisonment without the possibility of parole on juvenile offenders.