Memos Summarizing Cases Nationwide Interpreting SCOTUS Decisions

The memos below, which are available for download, summarize cases nationwide interpreting Graham, Miller, and Montgomery. The memos are organized into three categories:

Issue Snapshot Memos: These memos provide a brief overview of state supreme court and federal appellate case law and related arguments, organized by issue. These memos are current as of December 2021.
State and Federal Case Law Snapshot Memos: These memos provide a brief overview in each of the fifty states—focusing on state supreme court case law—as well as the federal courts (organized by Circuit). These memos are current as of December 2021.
Archived Case Law Memos: These memos, one organized by state and one by issue, provide a more comprehensive overview of all case law, including lower court decisions, interpreting Graham, Miller, and Montgomery. Note that these memos have not been updated since October 2019.

You will need an additional password to access some of these documents. That password is: Juvenilesentencingproject343! You’ll see the date of the latest version in each memo’s description. If you don’t see the latest version when you click the link, please refresh your browser cache.

We anticipate another round of updates, incorporating post-Jones developments in the case law and sentencing landscapes, in the coming months. We welcome any comments or corrections in the meantime.

(Click or tap any section below to view its contents.)

Issue Snapshot Memos

Applicability of Graham, Miller, and Montgomery to Sentences that Are Not Technically “Life without Parole”

This memo discusses the applicability of Graham, Miller, and Montgomery to any lengthy sentence that denies a “meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation” and summarizes relevant case law on the issue.

Aggregate Sentences & Graham, Miller, and Montgomery

This memo explains that Graham, Miller, and Montgomery apply to lengthy, aggregate sentences imposed for multiple crimes and highlights relevant case law.

Timing of a “Meaningful Opportunity to Obtain Release” Under Graham, Miller, and Montgomery

This memo discusses cases concluding that sentences for children must provide an opportunity for an individual to obtain release in time to reintegrate into society and lead a meaningful life outside of prison.

Criteria and Procedures for a “Meaningful Opportunity to Obtain Release” under Graham, Miller, and Montgomery

This memo explains that under Graham, Miller, and Montgomery parole boards and similar entities considering juvenile cases must use criteria and procedures that provide a realistic and meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.

Applicability of Roper, Graham, Miller, and Montgomery to Individuals Ages 18 and Older

This memo discusses cases that have extended the reasoning of Roper, Graham, Miller and Montgomery to individuals ages 18 and older and recognized that youth-related considerations should mitigate the sentences of young adults.

Applicability of Graham and Miller to Juvenile Sentencing-Related State Constitutional Claims

This memo summarizes case law grounding Graham- and Miller-related claims and relief in state constitutional protections.

State and Federal Case Law Snapshot Memos

Current as of Winter 2021-2022.

Federal Case Law Memo

Archived Case Law Memos

National Case Law Memo Organized by State

This memo summarizes cases from courts nationwide interpreting the U.S. Supreme Court’s decisions in Graham v. Florida, Miller v. Alabama, and Montgomery v. Louisiana. The memo organizes the cases by state. If a state has enacted legislation in response to the Supreme Court’s decisions, we include that information as well. (Updated October 2019)

National Case Law Memo Organized by Issue

This memo summarizes cases from courts nationwide interpreting Graham, Miller, and Montgomery. The memo organizes the cases by issue. (Updated October 2019)