PETITION OF STATE

No. 2013-566.

103 A.3d 227 (2014)

166 N.H. 659

PETITION OF STATE of New Hampshire.

Supreme Court of New Hampshire.

Opinion Issued: August 29, 2014.


Attorney(s) appearing for the Case

Christopher M. Johnson , chief appellate defender, of Concord, on the joint brief and orally, for respondents Robert Dingman and Eduardo Lopez, Jr.

Lothstein Guerriero , of Keene ( Richard Guerriero on the joint brief), and Christopher M. Johnson , chief appellate defender, of Concord, orally, for respondent Robert Tulloch.

Getman, Schulthess & Steere, of Manchester ( Andrew Schulman and Clara Lyons on the joint brief), and Christopher M. Johnson , chief appellate defender, of Concord, orally, for respondent Michael Soto.

Joseph A. Foster , attorney general ( Elizabeth C. Woodcock , assistant attorney general, on the brief and orally), for the State.

Juvenile Law Center, of Philadelphia, Pennsylvania ( Marsha L. Levick on the brief), and Cohen & Winters, PLLC, of Concord ( Andrew S. Winters on the brief), for the Juvenile Law Center, as amicus curiae.

New Hampshire Civil Liberties Union, of Concord ( Gilles R. Bissonnette on the brief), New Hampshire Legal Assistance, of Portsmouth ( Michelle Wangerin on the brief), Disabilities Rights Center, Inc., of Concord ( Amy B. Messer and Aaron Ginsberg on the brief), and New Hampshire Association of Criminal Defense Lawyers, of Manchester ( Katherine Cooper on the brief), for The New Hampshire Civil Liberties Union, New Hampshire Legal Assistance, Disabilities Rights Center, Inc., The New Hampshire Association of Criminal Defense Lawyers, Child and Family Services of New Hampshire, New Hampshire Kids Count, The National Association of Social Workers and its New Hampshire chapters, and four professors from the University of New Hampshire School of Law (in their individual capacities only), as amici curiae.


In this Rule 11 petition, see Sup.Ct. R. 11, the State appeals the determination of the Superior Court (Smukler, J.) that the rule announced in Miller v. Alabama, ___ U.S. ___, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), precluding the imposition of mandatory life-without-the-possibility...

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