SCOTUS To Consider Indiana Abortion, Juvenile Life Cases In Conference

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SCOTUS To Consider Indiana Abortion, Juvenile Life Cases In Conference

December 30, 2018

 Marilyn Odendahl

The U.S. District Court for the Southern District of Indiana found the law to be unconstitutional https://www.theindianalawyer.com/articles/43268-federal-judge-blocks-another-indiana-abortion-regulation  and the 7th Circuit Court of Appeals affirmed.

However, Judge Daniel Manion dissented with ma majority on the fetal remains provision and argued the state has an interest in “recognizing the dignity and humanity of the unborn child.”

Indiana filed a petition for writ of certiorari with the U.S. Supreme Court Oct. 12, 2018, and a reply brief Dec. 18, 2018. Groups that oppose abortion rights, including Americans United for Life, Susan B. Anthony List and Pro-Life Legal Defense Fund, have filed petitions urging the Supreme Court to take the case.

The petition in the Newton case comes directly from the Indiana Court of Appeals after the Indiana Supreme Court declined the transfer.

As a 17-year-old, Larry Newton pleaded guilty in 1994 to killing a 19-year-old Ball State University and accepted a sentence of life without parole in exchange for the state dropping the death penalty. In 2013, Newton filed for post-conviction relief, arguing his life sentence imposed when he was a juvenile violates the Eighth Amendments prohibitions against cruel and unusual punishment.

He cites Miller v. Alabama, 567 U.S. 460 (2012) and, his petition asserts the U.S. Supreme Court “imposed a flat prohibition against the mandatory imposition” of life sentences on juvenile offenders. However, Indiana counters the Hoosier state courts had held Millerapplies only when sentencing is mandatory. In Newton, the judge had the discretion to accept or reject the plea agreement and, in fact, held an evidentiary hearing examining the appropriateness of the life without parole sentence.

According to the Supreme Court rules, four of the nine justices must vote to accept a case.