Norman BROWN; Ralph McElroy; Sidney C. Roberts; Theron Roland, also known as Theron "Pete" Roland, Plaintiffs-Appellees,
v.
Anne L. PRECYTHE, in her official capacity, Director of Missouri Department of Corrections; Don Phillips, in his official capacity, Chairman of the Missouri Board of Probation and Parole; Bryan Atkins, in his official capacity, Member of the Missouri Board of Probation and Parole; Martin Rucker, in his official capacity, Member of the Missouri Board of Probation and Parole; Paul Fitzwater, in his official capacity, Member of the Missouri Board of Probation and Parole; Brian Munzlinger, in his official capacity, Member of the Missouri Board of Probation and Parole; Jennifer Zamkus, in her official capacity, Member of the Missouri Board of Probation and Parole; Jamilah Nasheed, in her official capacity, Member of the Missouri Board of Probation and Parole, Defendants-Appellants.
Current and Former State Prosecutors, State Attorneys General, DOJ Officials, U.S. Attorneys, and Former Corrections Directors; NAACP Legal Defense and Educational Fund, Inc.; Juvenile Law Center; Children and Family Justice Center; Fred T. Korematsu Center for Law and Equality; American Academy of Child and Adolescent Psychiatry; Individual Mental Health Professionals; The Campaign for the Fair Sentencing of Youth; National Association for Public Defense, Amici on Behalf of Appellee(s).
Norman Brown; Ralph McElroy; Sidney C. Roberts; Theron Roland, also known as Theron "Pete" Roland, Plaintiffs-Appellants,
v.
Anne L. Precythe, in her official capacity, Director of Missouri Department of Corrections; Don Phillips, in his official capacity, Chairman of the Missouri Board of Probation and Parole; Bryan Atkins, in his official capacity, Member of the Missouri Board of Probation and Parole; Martin Rucker, in his official capacity, Member of the Missouri Board of Probation and Parole; Paul Fitzwater, in his official capacity, Member of the Missouri Board of Probation and Parole; Brian Munzlinger, in his official capacity, Member of the Missouri Board of Probation and Parole; Jennifer Zamkus, in her official capacity, Member of the Missouri Board of Probation and Parole; Jamilah Nasheed, in her official capacity, Member of the Missouri Board of Probation and Parole, Defendants-Appellees.
Children and Family Justice Center; Current and Former State Prosecutors, State Attorneys General, DOJ Officials, U.S. Attorneys, and Former Corrections Directors; Fred T. Korematsu Center for Law and Equality; Juvenile Law Center; The Campaign for the Fair Sentencing of Youth; National Association for Public Defense, Amici on Behalf of Appellant(s).
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: January 11, 2022.
Filed: August 30, 2022.
Attorney(s) appearing for the Case
Counsel who presented argument on behalf of the appellants/cross-appellees was Michael E. Talent , AAG, of Saint Louis, MO. The following attorney also appeared on the appellant/cross-appellee brief: Andrew Crane , AAG, of Jefferson City, MO.
Counsel who presented argument on behalf of the appellees/cross-appellants and appeared on the brief was Amy Elizabeth Breihan , of Saint Louis, MO. The following attorneys also appeared on the appellee/cross-appellant brief: Megan G. Crane , of Saint Louis, MO., Matthew D. Knepper , of Saint Louis, MO., Sarah L. Zimmerman , of Saint Louis, MO., and Jordan T. Ault , of Jefferson City, MO.
The following attorneys appeared on the amicus brief of Current and Former State Prosecutors, State Attorneys General, DOJ Officials, U.S. Attorneys and Former Corrections Directors on behalf of appellees/cross-appellants; Jennifer A. Merrigan , of Philadelphia, PA., John R. Mills , of Oakland, CA., and Joseph C. Welling , of Saint Louis, MO.
The following attorneys appeared on the amicus brief of NAACP Legal Defense and Educational Fund, Inc. on behalf of appellees/cross-appellants: Sherrilyn Ann Ifill , of New York, NY., and Daniel Scott Harawa , of Saint Louis, MO.
The following attorneys appeared on the amicus brief of American Academy of Child and Adolescent Psychiatry and Individual Mental Health Professionals on behalf of appellees/cross-appellants: Bradley M. Bakker , of Saint Louis, MO., Kayla Deloach , formerly of Saint Louis, MO., Anthony E. Rothert , of Saint Louis, MO., Jessie M. Steffan , of Saint Louis, MO., and Gillian R. Wilcox , of Kansas City, MO.
The following attorneys appeared on the amicus brief of The Campaign for the Fair Sentencing of Youth, on behalf of the appellees/cross-appellants: Chelsea Dal Corso , of Atlanta, GA., Erin Johnson , of Atlanta, GA., Brendan Krasinski , of Atlanta, GA., Rebecca Turner , of Washington, DC., and Jody Rhodes , of Atlanta, GA.
The following attorneys appeared on the amicus brief of the National Association for Public Defense on behalf of the appellees/cross-appellants: Bram Tate Elias , of Iowa City, IA., and John Scot Allen of Iowa City, IA.
Before SMITH, Chief Judge, LOKEN, ARNOLD, COLLOTON, GRUENDER, BENTON, SHEPHERD, KELLY, ERICKSON, STRAS, and KOBES, Circuit Judges, En Banc.
COLLOTON, Circuit Judge.
In 2016, in light of Supreme Court decisions interpreting the Eighth Amendment's proscription on cruel and unusual punishment, the Missouri legislature modified state law regarding parole. The legislature enacted a statute permitting a juvenile homicide offender to petition for parole if he had been sentenced to mandatory...
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