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COMMONWEALTH v. BREDHOLD

2017-SC-000436-TG, 2017-SC-000536-TG and 2017-SC-000537-TG.

599 S.W.3d 409 (2020)

COMMONWEALTH of Kentucky, Appellant v. Travis M. BREDHOLD, Appellee and Commonwealth of Kentucky, Appellant v. Efrain Diaz, Jr. Justin Smith, Appellees.

Supreme Court of Kentucky.

March 26, 2020.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Daniel Jay Cameron , Attorney General of Kentucky, Matthew Robert Krygiel , Jason Bradley Moore , Assistant Attorneys General, Office of the Attorney General.

COUNSEL FOR APPELLEE TRAVIS M. BREDHOLD.: Timothy G. Arnold , Frankfort, Emily Holt Rhorer , Brandon Neil Jewell , Department of Public Advocacy.

COUNSEL FOR APPELLEE EFRAIN DIAZ, JR.: Timothy G. Arnold , Frankfort, Department of Public Advocacy.

COUNSEL FOR APPELLEE JUSTIN SMITH: Brandon Neil Jewell , Kim Angela Green , Department of Public Advocacy.

COUNSEL FOR AMICUS CURIAE: THE COLORADO JUVENILE DEFENSE CENTER AND THE COLORADO CRIMINAL DEFENSE BAR, Rebecca Ballard Diloreto , The Institute for Compassion in Justice.

COUNSEL FOR AMICUS CURIAE: NATIONAL ASSOCIATION FOR PUBLIC DEFENSE AND KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, David Michael Ward , Kentucky Association of Criminal Defense Lawyers, Amy Elizabeth Halbrook , Salmon P. Chase College of Law.

COUNSEL FOR AMICUS CURIAE: ATLANTIC CENTER FOR CAPITAL REPRESENTATION; CAMPAIGN FOR FAIR SENTENCING OF YOUTH; CAMPAIGN FOR YOUTH JUSTICE; CENTER FOR LAW, BRAIN AND BEHAVIOR; CENTER ON WRONGFUL CONVICTIONS OF YOUTH; CHILDREN & FAMILY JUSTICE CENTER; FAIR PUNISHMENT PROJECT; FLORIDA CENTER FOR CAPITAL REPRESENTATION; JUSTICE LAB AT COLUMBIA UNIVERSITY; PHILLIPS BLACK INC.; RODERICK AND SOLANGE MACARTHUR JUSTICE CENTER; SOUTHERN POVERTY LAW CENTER; YOUTH FIRST; YOUTH SENTENCING & REENTRY PROJECT, Acena Johnson Beck , Covington, Children's Law Center, Inc..

COUNSEL FOR AMICUS CURIAE: JUVENILE LAW CENTER AND CHILDREN'S LAW CENTER, INC. Acena Johnson Beck , Covington, Children's Law Center, Inc., Marsha L. Levick , Juvenile Law Center.

These three consolidated cases present the issue of whether evolving standards of decency are such that the Eighth Amendment to the United States Constitution prohibits imposition of the death penalty as to a defendant under twenty-one (21) years of age at the time of his offense. In Roper v. Simmons,<...

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