categorical rule in Missouri

2018Graham, 560 U.S. at 86 , 130 S.Ct. 2011 (Roberts, C.J., concurring in the judgment).

2015Graham involved “a categorical challenge to a term-of-years sentence”—“an issue the [Supreme] Court ha[d] not considered previously.” Id. at 61 .

2022Crawford overruled Roberts and transformed the Supreme Court's approach to the Confrontation Clause doctrine from a case-by-case reliability-balancing test to a categorical rule: "Where testimonial statements are at issue, the only indicium of reliability sufficient to satisfy constitutional demands is the one the Constitution actually prescribes: confrontation." Crawford, 541 U.S. at 68-69 .

2022See, e.g., Bordeaux, 400 F.3d at 554-57 (applying Craig to a child's live testimony via two-way video at trial, and applying Crawford to a child's out-of-court statements to a forensic interviewer); Yates, 438 F.3d at 1314 n.4 ("Crawford applies only to testimonial statements made prior to trial, and the live two-way video testimony at issue in this case was presented at trial."). 14 are at issue, the only indicium of reliability sufficient to satisfy constitutional demands is the one the Constitution actually prescribes: confrontation." Crawford, 541 U.S. at 68-69 .

2025In fact, our opinion stated that many such prohibitions, like those on the possession of firearms by ‘felons and the mentally ill,’ are ‘presumptively lawful.’” Rahimi, 602 U.S. at 699 (quoting Heller, 554 U.S. at 626 , 627 n.26).

2025In fact, our opinion stated that many such prohibitions, like those on the possession of firearms by ‘felons and the mentally ill,’ are ‘presumptively lawful.’” Rahimi, 602 U.S. at 699 (quoting Heller, 554 U.S. at 626 , 627 n.26).

2024Relevant here, intellectual disability is a categorical exception to the death 12 penalty. 8 Atkins v. Virginia, 536 U.S. 304 (2002).

2022See, e.g., Bordeaux, 400 F.3d at 554-57 (applying Craig to a child's live testimony via two-way video at trial, and applying Crawford to a child's out-of-court statements to a forensic interviewer); Yates, 438 F.3d at 1314 n.4 ("Crawford applies only to testimonial statements made prior to trial, and the live two-way video testimony at issue in this case was presented at trial."). 14 are at issue, the only indicium of reliability sufficient to satisfy constitutional demands is the one the Constitution actually prescribes: confrontation." Crawford, 541 U.S. at 68-69 .

2017This argument fails to address the fact that Graham itself concluded the age of 18 was an appropriate demarcation line, for the imposition of life without parole because “18 is the point where society draws the line for many purposes between childhood and adulthood.” Graham, 560 U.S. at 50 , 130 S.Ct. 2011 (quoting Roper, 543 U.S. at 574 , 125 S.Ct. 1183 ), There is no similar clear demarcation line at which point juvenile offenders’ time in prison denies them meaningful opportunity to obtain release.

2017This argument fails to address the fact that Graham itself concluded the age of 18 was an appropriate demarcation line, for the imposition of life without parole because “18 is the point where society draws the line for many purposes between childhood and adulthood.” Graham, 560 U.S. at 50 , 130 S.Ct. 2011 (quoting Roper, 543 U.S. at 574 , 125 S.Ct. 1183 ), There is no similar clear demarcation line at which point juvenile offenders’ time in prison denies them meaningful opportunity to obtain release.

2017Rather, “the Court then announced a categorical rule: The constitution prohibits the imposition of a life without parole sentence on a juvenile defender who did not commit homicide.” Budder, 851 F.3d 1047 (10th Cir. 2017).

2015In Forest Grove, the Supreme Court “granted cer-tiorari to determine whether [the IDEA] establishes a categorical bar to tuition reimbursement for students who have not previously received special-education services under the authority of a” school district. 557 U.S. at 236-37 , 129 S.Ct. 2484 .

2015In Forest Grove, the Supreme Court “granted cer-tiorari to determine whether [the IDEA] establishes a categorical bar to tuition reimbursement for students who have not previously received special-education services under the authority of a” school district. 557 U.S. at 236-37 , 129 S.Ct. 2484 .

2015The Court does not address issues that. *25 “fall[] outside the question on which [it] granted certiorari.” Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 , 43 n.5, 118 S.Ct. 956 , 140 L.Ed.2d 62 (1998); U.S.S.C.

2015The Court does not address issues that. *25 “fall[] outside the question on which [it] granted certiorari.” Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 , 43 n.5, 118 S.Ct. 956 , 140 L.Ed.2d 62 (1998); U.S.S.C.