green
Positive treatment
Hot · 37 in 5y
Issue: categorical proportionality challengeKS ↗
Issue: Teague frameworkCT ↗
Issue: Eighth Amendment analysisLA ↗
Quoted verbatim 4×
48.1 score
“our inquiry in the present case, therefore, focuses on whether the imposition of a fifty year sentence without the possibility of parole is subject to the sentencing procedures set forth in miller.”
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016
2021
2026
Top citers, strongest first. 41 distinct citers.
How cited ↗
examined
Cited as authority (verbatim quote)
State v. Haag
(4×)
also: Cited as authority (rule), Cited "see"
our inquiry in the present case, therefore, focuses on whether the imposition of a fifty year sentence without the possibility of parole is subject to the sentencing procedures set forth in miller.
discussed
Cited as authority (quoted)
White Coat Waste Project v. Greater Richmond Transit Co.
so-called 'designated public fora' (often called 'limited public fora') . . . .
discussed
Cited as authority (quoted)
White Coat Waste Project v. Greater Richmond Transit Co.
so-called 'designated public fora' (often called 'limited public fora') . . . .
discussed
Cited as authority (quoted)
White Coat Waste Project v. Greater Richmond Transit Co.
so-called 'designated public fora' (often called 'limited public fora') . . . .
discussed
Cited as authority (rule)
State v. Harris
Aiken, 410 S.C. at 537, 548-51 (Toal, C.J., dissenting); Casiano, 317 Conn. at 55 (same); Null, 836 N.W.2d at 45 (same); Thomas, 2012 WL 6678686 , at *1 & n.2 (same); Bear Cloud v. State, 2012 WY 16, ¶¶ 9-15 , 275 P.3d 377, 384 (noting defendant entered “cold pleas,” without a plea agreement with the State), vacated by 568 U.S. 802 , 133 S. Ct. 183 , 184 L.
discussed
Cited as authority (rule)
Winona M. Fletcher v. State of Alaska
But we do not believe the outer boundary of a lawful sentence can be fixed by a concept that by definition would not afford a realistic opportunity for release to a substantial fraction of juvenile offenders.”). 173 Null, 836 N.W.2d at 71 ; Bear Cloud v. State, 334 P.3d 132, 142 (Wyo. 2014) (quoting Null, 836 N.W. 2d at 71 ); Contreras, 411 P.3d at 451 (same); Zuber, 152 A.3d at 214 (same). 174 Graham v. Florida, 560 U.S. 48, 75 (2010); see also Montgomery v. Louisiana, 577 U.S. 190, 213 (2016) (holding that juvenile homicide offenders serving life without parole sentences like Montgomery �…
discussed
Cited as authority (rule)
Winona M. Fletcher v. State of Alaska
But we do not believe the outer boundary of a lawful sentence can be fixed by a concept that by definition would not afford a realistic opportunity for release to a substantial fraction of juvenile offenders.”). 173 Null, 836 N.W.2d at 71 ; Bear Cloud v. State, 334 P.3d 132, 142 (Wyo. 2014) (quoting Null, 836 N.W. 2d at 71 ); Contreras, 411 P.3d at 451 (same); Zuber, 152 A.3d at 214 (same). 174 Graham v. Florida, 560 U.S. 48, 75 (2010); see also Montgomery v. Louisiana, 577 U.S. 190 , 213 (2016) (holding that juvenile homicide offenders serving life without parole sentences like Montgomery �…
discussed
Cited as authority (rule)
Kitchen v. Whitmer
“As our sister states have persuasively reasoned, ‘[t]he United States Supreme Court . . . implicitly endorsed the notion that an individual is effectively incarcerated for ‘life’ if he will have no opportunity to truly reenter society or have any meaningful life outside of prison.’” State v. Haag, 495 P.3d 241, 251 (Wash. 2021) (quoting Casiano, 115 A.3d at 1046).
discussed
Cited as authority (rule)
State v. Gulley
In finding a juvenile defendant's 50-year sentence to be equivalent to life without parole for purposes of applying Miller, the Connecticut Supreme Court relied on Miller and Graham to construe the concept of life more broadly than biological survival; specifically, it found the United States Supreme Court "implicitly endorsed the notion that an individual is effectively incarcerated for 'life' if he [or she] will have no opportunity to truly reenter society or have any meaningful life outside of prison." Casiano, 317 Conn. at 78.
discussed
Cited as authority (rule)
Williams v. State
(2×)
See People v. Contreras, 4 Cal. 5th 349, 369 , 229 Cal. Rptr. 3d 249 , 411 P.3d 445 (2018) (same for 50-year-to-life sentence); Casiano, 317 Conn. at 73, 79-80 (same for 50-year sentence); Null, 836 N.W.2d at 71 (same for 75-year sentence with parole eligibility after 52.5 years); Zuber, 227 N.J. at 448 (110-year sentence with parole eligibility after 55 years and 75-year sentence with parole eligibility after 68 years and 3 months "is the practical equivalent of life without parole"); White, 365 Or. at 15 (same for nearly 67-year sentence); Bear Cloud, 334 P.3d at 141-42 (same for 45-year-to-…
discussed
Cited as authority (rule)
State v. Kelliher
Carr, 527 S.W.3d at 57 (50 years); People v. Contreras, 411 P.3d 445, 446 (Cal. 2018) (50 years); Carter, 192 A.3d at 734 (50 years); Casiano, 115 A.3d at 1035 (50 years); Bear Cloud, 334 P.3d at 136 (45 years); People v. Buffer, 137 N.E.3d 763 , 774 (Ill. 2019) (40 years).
discussed
Cited as authority (rule)
State v. Kelliher
Carr, 527 S.W.3d at 57 (50 years); People v. Contreras, 411 P.3d 445, 446 (Cal. 2018) (50 years); Carter, 192 A.3d at 734 (50 years); Casiano, 115 A.3d at 1035 (50 years); Bear Cloud, 334 P.3d at 136 (45 years); People v. Buffer, 137 N.E.3d 763 , 774 (Ill. 2019) (40 years).
discussed
Cited as authority (rule)
State v. Davilla
(2×)
The court observed that other “[c]ourts that have grappled with the issue of how lengthy a sentence must be to trigger the protections of Miller often reference Graham’s instruction that juvenile offenders must retain a meaningful opportunity for release.” Id. at 14 ; see, e.g., State v. Null, 836 NW2d 41, 71-72 (Iowa 2013) (explain- ing that it does “not regard the juvenile’s potential future release in his or her late sixties after a half century of incar- ceration sufficient to escape the rationales of Graham or Miller”); Casiano v. Comm’r of Corr., 317 Conn 52, 79, 115 A3d 10…
cited
Cited as authority (rule)
State of Washington v. Jeremiah James Gilbert
Casiano v. Commissioner of Corrections, 115 A.3d at 1047.
discussed
Cited as authority (rule)
United States v. James Mathurin
(2×)
also: Cited "see"
See State v. Zuber, 152 A.3d 197, 214 (N.J. 2017) (noting that life expectancy tables “rest on informed estimates, not firm dates, and the use of factors like race, gender, and income could raise constitutional issues”); Casiano, 115 A.3d at 1069 (stating that reliance on race and gender distinctions in juvenile sentencing “is highly problematic”) (Espinosa, J., dissenting).
examined
Cited as authority (rule)
Remill Mason v. State of Mississippi
(4×)
also: Cited "see, e.g."
In Casiano, 115 A.3d at 1045, the Connecticut Supreme Court rejected the idea “that, in order for a sentence to be deemed ‘life imprisonment,’ it must continue until the literal end 20 of one’s life.” Sixteen-year-old Jason Casiano pleaded guilty to felony murder and two counts of armed robbery and was sentenced under a plea agreement to “a total effective prison term of fifty years” without parole.10 Id. at 1033.
examined
Cited as authority (rule)
State v. Smith
(3×)
See, Miller v. Alabama, supra note 3 ; Graham v. Florida, supra note 1 . 31 Casiano v. Commissioner of Correction, supra note 23. 32 Id. at 79, 115 A.3d at 1047. 33 State v. Null, supra note 16 , 836 N.W.2d at 71 . 34 Casiano v. Commissioner of Correction, supra note 23, 317 Conn. at 79, 115 A.3d at 1047. 35 State v. Zuber, supra note 23 , 442 N.J.
discussed
Cited as authority (rule)
State v. Ricky Zuber(076806)
The term-of-years sentences in these appeals -- a minimum of 55 years’ imprisonment for Zuber and 68 years and 3 months for Comer -- are not officially “life without parole.” But we find that the lengthy term-of-years sentences imposed on the juveniles in these cases are sufficient to trigger the protections of Miller under the Federal and State Constitutions. 32 See Casiano, supra, 115 A.3d at 1044 (50-year sentence without possibility of parole is subject to Miller); Null, supra, 836 N.W.2d at 71 (minimum sentence of 52.5 years’ imprisonment invokes Miller).
discussed
Cited as authority (rule)
State v. Moore (Slip Opinion)
Likewise, in Bear Cloud, Null, Casiano, and Reyes, the courts held that the protections of Miller applied in cases in which the defendants had been convicted of murder and of other 33 SUPREME COURT OF OHIO offenses; Bear Cloud was sentenced for first-degree murder, aggravated burglary, and conspiracy to commit aggravated burglary, Bear Cloud, 2014 WY 113 , 334 P.3d 132, at ¶ 1 , Null was sentenced for second-degree murder and first-degree robbery, Null, 836 N.W.2d at 45 , Casiano was convicted of felony murder, attempted robbery, and conspiracy to commit robbery, Casiano, 317 Conn. at 55, 115…
examined
Cited as authority (rule)
State v. Logan
(3×)
Our Supreme Court determined that Miller applies retroactively to cases arising on col- lateral review, and that a fifty year sentence without the possibility of parole was the functional equivalent of life imprisonment without the possibility of parole and, therefore, subject to the sentencing procedures set forth in Miller.15 Id., 79.
discussed
Cited "see"
Tatum v. Commissioner of Correction
(2×)
See Casiano v. Commissioner of Correction, 317 Conn. 52 , 62, 115 A.3d 1031 (2015).
discussed
Cited "see"
Gonzalez v. Commissioner of Correction
(2×)
See Casiano v. Commissioner of Correction, 317 Conn. 52 , 58 n.5, 115 A.3d 1031 (2015) (exercising discretion to consider issue of retroactivity under Teague notwithstanding respondent’s failure to raise it as defense before habeas court), cert. denied sub nom.
discussed
Cited "see"
Griffin v. Commissioner of Correction
(2×)
See Casiano v. Commissioner of Correction, 317 Conn. 52 , 69–71, 115 A.3d 1031 (2015), cert. denied sub nom.
discussed
Cited "see"
State v. Russell
See, Casiano v. Commissioner of Correction, 317 Conn. 52 , 115 A.3d 1031 (2015), cert. denied --- U.S. ----, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016) (50-year sentence); State v. Ronquillo, 190 Wash.App. 765 , 361 P.3d 779 (2015) (mandatory release at age 68).
examined
Cited "see"
D. Steilman v. Michael
(4×)
See Casiano v. Comm’r of Corr., 317 Conn. 52 , 115 A.3d 1031 , 1044 (Conn. 2015), cert. denied, Semple v. Casiano, ___ U.S. ___, 136 S. Ct. 1364 (2016) (50-year sentence without possibility of parole is subject to Miller); Iowa v. Null, 836 N.W.2d 41, 71 (Iowa 2013) (minimum sentence of 52.5 years imprisonment invokes Miller); New Jersey v. Zuber, 227 N.J. 422, 452 , 152 A.3d 197, 215 (N.J. 2017) (110-year sentence with 55 years of parole ineligibility implicates Miller); Bear Cloud v. Wyoming, 2014 WY 113 , 334 P.3d 132, 141-42 (Wyo. 2014) (holding that an 16 aggregate sentence of more than…
examined
Cited "see"
D. Steilman v. Michael
(3×)
See Casiano v. Comm’r of Corr., 317 Conn. 52 , 115 A.3d 1031 , 1044 (Conn. 2015), cert. denied, Semple v. Casiano, ___ U.S. ___, 136 S. Ct. 1364 (2016) (50-year sentence without possibility of parole is subject to Miller); Iowa v. Null, 836 N.W.2d 41, 71 (Iowa 2013) (minimum sentence of 52.5 years imprisonment invokes Miller); New Jersey v. Zuber, 227 N.J. 422, 452 , 152 A.3d 197, 215 (N.J. 2017) (110-year sentence with 55 years of parole ineligibility implicates Miller); Bear Cloud v. Wyoming, 2014 WY 113 , 334 P.3d 132, 141-42 (Wyo. 2014) (holding that an 16 aggregate sentence of more than…
discussed
Cited "see"
State v. Dickson
(2×)
See Casiano v. Commissioner of Correction, 317 Conn. 52 , 62, 115 A.3d 1031 (2015).
discussed
Cited "see, e.g."
In re Pers. Restraint of Schoenhals
(2×)
See, e.g., Casiano v. Comm'r of Corr., 317 Conn. 52 , 115 A.3d 1031 (2015); State v. Mares, 2014 WY 126 , 335 P.3d 487 (2014); Rhoades v. State, 149 Idaho 130, 139 , 233 P.3d 61 (2010). 12 In re Pers.
discussed
Cited "see, e.g."
Rose v. Commissioner of Correction
(2×)
See General Stat- utes § 52-470 (c) (judgment is final after ‘‘the conclusion of appellate review or the expiration of the time for seeking such review’’); see also Casiano v. Commis- sioner of Correction, 317 Conn. 52 , 56 n.2, 115 A.3d 1031 (2015) (criminal convictions become final ‘‘when the availability of direct appeal to the state courts has been exhausted and the time for filing a petition for a writ of certiorari has elapsed or a timely filed petition has been finally denied’’ (internal quotation marks omit- ted)), cert. denied sub nom.
discussed
Cited "see, e.g."
In re Cole
(2×)
See, e.g., Coley v. Camden Associates, Inc., 243 Conn. 311 , 317– 18, 702 A.2d 1180 (1997); see also, e.g., Casiano v. Com- missioner of Correction, 317 Conn. 52 , 80, 110, 115 A.3d 1031 (2015) (majority and dissenting justices disagreed over whether Miller v. Alabama, 567 U.S. 460 , 132 S. Ct. 2455 , 183 L.
discussed
Cited "see, e.g."
State v. Conner
(2×)
See also Casiano v. Comm'r of Corr., 115 A.3d 1031 , 1046 (Conn. 2015) (holding a 50 year de facto LWOP sentence violated the Eighth Amendment in part because “[a] juvenile offender’s release when he is in his late sixties comes at an age when the law presumes that he no longer has productive employment prospects”); Carter, 192 A.3d at 734 (holding parole eligibility after 50 years was a de facto LWOP sentence in part because “the eligibility date will be later than a typical retirement date for someone of [the defendant’s] age”).
discussed
Cited "see, e.g."
Amended August 17, 2017 State of Iowa v. Christopher Ryan Lee Roby
Compare Casiano v. Comm’r of Corr., 115 A.3d 1031 , 1044 (Conn. 2015) (concluding Miller applies to juvenile offenders sentenced to the “functional equivalent” of life without parole), with State v. Ali, 895 N.W.2d 237 , 237–38 (Minn. 2017) (holding Miller only applies to the specific sentence of life without parole).
discussed
Cited "see, e.g."
State of Iowa v. Christopher Ryan Lee Roby
Compare Casiano v. Comm’r of Corr., 115 A.3d 1031 , 1044 (Conn. 2015) (concluding Miller applies to juvenile offenders sentenced to the “functional equivalent” of life without parole), with State v. Ali, ___ N.W.2d ___, ___, 2017 WL 2152730, at *1 (Minn. 2017) (holding Miller only applies to the specific sentence of life without parole).
examined
Cited "see, e.g."
State v. Houston-Sconiers
(3×)
See also Casiano v. Comm'r ofCorr., 317 Conn. 52 , 75, 115 A.3d 1031 (20 15) (court may not impose 50-year sentence on juvenile offender without exercising Miller discretion), cert. denied, 136 S. Ct. 1364 (2016); Statev.
examined
Cited "see, e.g."
State v. Houston-Sconiers
(3×)
See also Casiano v. Comm'r ofCorr., 317 Conn. 52 , 75, 115 A.3d 1031 (20 15) (court may not impose 50-year sentence on juvenile offender without exercising Miller discretion), cert. denied, 136 S. Ct. 1364 (2016); Statev.
discussed
Cited "see, e.g."
Dennis LeBlanc v. Randall Mathena
Compare Bunch, 685 F.3d at 550 (holding that Graham did not clearly establish that an lengthy term-of-years sentence for a juvenile offender would violate the Eighth Amendment), Vasquez v. Commonwealth, 781 S.E.2d 920, 925 (Va. 2016) (holding that Graham did not address term-of-years sentences, even if they exceed the prisoner’s life expectancy), and State v. Brown, 118 So. 3d 332, 342 (La. 2013) (concluding that Graham did not reach term-of-years sentences), with Moore, 725 F.3d at 1186 (holding that Graham clearly prohibited a sentence under which a juvenile offender who would not be eligi…
discussed
Cited "see, e.g."
Dennis LeBlanc v. Randall Mathena
Compare Bunch, 685 F.3d at 550 (holding that Graham did not clearly establish that an lengthy term-of-years sentence for a juvenile offender would violate the Eighth Amendment), Vasquez v. Commonwealth, 781 S.E.2d 920, 925 (Va. 2016) (holding that Graham did not address term-of-years sentences, even if they exceed the prisoner’s life expectancy), and State v. Brown, 118 So. 3d 332, 342 (La. 2013) (concluding that Graham did not reach term-of-years sentences), with Moore, 725 F.3d at 1186 (holding that Graham clearly prohibited a sentence under which a juvenile offender who would not be eligi…
discussed
Cited "see, e.g."
State Ex Rel. Alden Morgan v. State of Louisiana
Henry v. State, 175 So.3d 675, 680 (Fla.2015) (defendant sentenced for multiple offenses; ”[T]he specific sentence that a juvenile nonhomicide offender receives for committing a given offense is not dispositive as to whether the prohibition against cruel and unusual punishment is implicated.”); see also Casiano v. Comm’r of Correction, 317 Conn. 52 , 115 A.3d 1031 , 1045-47 (2015), cert. denied sub nom., Semple v. Casiano, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016) (focus of Graham and Miller is "not on the label of a ‘life sentence’ ” but rather whether a juvenile offen…
discussed
Cited "see, e.g."
State v. Cardeilhac
(2×)
See, e.g., Casiano v. Commissioner of Correction, 317 Conn. 52 , 115 A.3d 1031 (2015); State v. Null, 836 N.W.2d 41 (Iowa 2013); Bear Cloud v. State, 334 P.3d 132 (Wyo. 2014).
Retrieving the full opinion text from the archive…
Scott SEMPLE, Commissioner, Connecticut Department of Correction
v.
Jason CASIANO.
v.
Jason CASIANO.
No. 15–238..
Supreme Court of the United States.
Mar 7, 2016.
✓
577 U.S. 1202
2016 U.S. LEXIS 1826
Cited by 26 opinions | Published
Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Connecticut denied.