×
You've used up your 3 free articles for this month. Subscribe today.
Ninth Circuit Finds Graham v. Florida Retroactive; 254-Year Sentence Unconstitutional
Ninth Circuit Finds Graham v. Florida Retroactive; 254-Year Sentence Unconstitutional
by Mark Wilson
On August 7, 2013, the Ninth Circuit Court of Appeals held the Supreme Court’s categorical ban on life without parole (LWOP) sentences for non-homicide juvenile offenders applied retroactively on collateral review.
Roosevelt Brian Moore sexually assaulted four ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Greenwashing Washington State’s Prison System in a River of Sewage, by Rick Anderson
- Inside the Shadowy Business of Prison Phone Calls, by Eric Markowitz
- Tennessee Prisoners Suing Private Prisons Not Required to File in Local Venue, by David Reutter
- News in Brief
- CA: Persons on Community Supervision Eligible to Seek Transfer to Another State, by Lonnie Burton
- Final Class-Action Settlement Pending in “Kids for Cash” Scandal
- Prisoners Released When Jails Can’t Feed Them, by Mark Wilson
- Investigation Forces Arizona Clemency Board Chairman to Resign, by Joe Watson
- Kentucky Jail Prisoners Make Mattresses, by David Reutter
- Notorious Psych Ward at Miami-Dade Jail Finally Shuttered, by David Reutter
- Ninth Circuit Finds Graham v. Florida Retroactive; 254-Year Sentence Unconstitutional, by Mark Wilson
- Does Political Spending by Private Prison Firms in Oklahoma Influence Prison Reform?, by Joe Watson
- Nebraska Law Unconstitutionally Forfeits Good Time for Refusal to Submit DNA Sample, by David Reutter
- Three Strikes Litigant Required to Show Ongoing “Imminent Danger” to Proceed on Appeal, by Lonnie Burton
- Failure to State Rationale in Denying Appointment of Counsel was Abuse of Discretion
- Vermont: Retaliatory Furlough Denial Reviewable on Rule 75 Motion, by Mark Wilson
- Ninth Circuit Finds that ICE Detention After Indictment Counts Against Sentence, by Derek Gilna
- Supreme Court Strikes Down Ban on Short Beard for Muslim Prisoner, by Derek Gilna
- Alaska High Court Reaffirms Negligence Standard to Protect Prisoners from Harm, by David Reutter
- Controversy Surrounds Shackling of Dying and Comatose Prisoners in UK, by Matthew Clarke
- Who Owns Private Prison Stock?, by Alex Friedmann
- Tenth Circuit: Ignoring Prisoner’s Severe Pain Precludes Qualified Immunity, by Mark Wilson
- Supreme Court Rules Qualified Immunity Shields Prison Officials from Suicide Claim, by Derek Gilna
- Report Finds Two-Thirds of Private Prison Contracts Include “Lockup Quotas”, by Joe Watson
- $1.15 Million for Florida Pretrial Detainee’s Death, by David Reutter
- Virginia Must Improve Prison Medical Care Under Proposed Class-action Settlement, by David Reutter
- Jury Awards $12,000 to Connecticut Prisoner for Unsanitary Mattress, by David Reutter
- UN Commission Approves Mandela Rules on Treatment of Prisoners, by David Fathi
- North Carolina Prisoner, Victim of Sexual Assault, Awarded One Dollar in Damages
- Two Names Added to Monument Memorializing Slain Prosecutors, by Matthew Clarke
- Pell Grants for Prisoners: New Bill Restores Hope of Reinstating College Programs, by Christopher Zoukis
- Peer-Review Reports Must be Disclosed in Philadelphia Jail Conditions Suit, by David Reutter
- Supreme Court Voids ACCA’s Residual Clause in Landmark Decision, by Derek Gilna
- San Diego Deputies Faulted for Jail Death, by Christopher Zoukis
- Nebraska Returns Ex-Offenders to Prison after Sentence Miscalculation Scandal, by Matthew Clarke
- $3,000 Jury Award to Arizona Prisoner Denied Prostate Care, by David Reutter
- Second Circuit Unseals Jail Conditions Settlement Compliance Reports; Public Has First Amendment Right of Access, by Mark Wilson
- Alabama Courts Must Review Substance of Claim Despite Pleading’s Title, by David Reutter
- $750,000 Settlement in New Mexico “Controlled Seating” Lawsuit, by Matthew Clarke
- West Virginia City Settles Suit over Jail Prisoner’s Death for $460,000, by Matthew Clarke
- Minnesota DOC Sued Over Failure to Provide New Hepatitis C Treatment Protocol, by Greg Dober
- UK Prison Cook Awarded $160,000 for Back Injury, by Derek Gilna
- Michigan: $8 Million Settlement after Prisoner’s Baby Born with Brain Damage, by Shepherd Litsey
- From the Editor, by Paul Wright
- Persistent, Ongoing Environmental Violations at Washington’s Walla Walla Prison, by Panagioti Tsolkas
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
- Percentage Of Prisoners Serving Life Without Parole Is Up Despite Overall Decrease in Prison Population, July 15, 2025. Parole, Life without Parole (LWOP), Implementing the Total Sentence.
- Georgia Moves to Shield Intellectually Disabled Prisoners from Execution, June 1, 2025. Sentencing, Death Penalty.
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, May 15, 2025. Sentencing, Drug Laws/Offenses.
- Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, May 15, 2025. Sentencing, Failure To Consider Disparity, Federal-State Differences/Disparity/Conflicts, Disparity in Charging/Sentencing Practices.
- SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True, May 15, 2025. Sentencing, False Statements/Perjury.
- New York Lifts Hiring Ban on Fired Striking Prison Guards, Announces Early Prisoner Releases, May 1, 2025. Work Strikes, Staffing, Parole, Guard Unions, Bail/Pretrial Release, Probation, Parole & Supervised Release.
- New Orleans Public Defender’s “Redeem Team” Says: “Re-entry Is Never Over”, May 1, 2025. Settlements, Wrongful Conviction, Life without Parole (LWOP), Juveniles, Post-release, ex-offender, re-entry, Remands/Rehearings/Resentencings.
- Fifth Circuit Leaves Louisiana Prisoner Waiting for Reinstated Parole, Jan. 15, 2025. Parole, Overdetention, Victim's Rights to Enforce Collection.
- Maryland Supreme Court Announces New Constitutional Rule Requiring Voir Dire Questions Related to Child-Witness Credibility and Abrogates Prior Inconsistent Case Law, Dec. 15, 2024. Juveniles, Voir Dire, False Exculpatory Statements, Statements of Defendant.