[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/brianzeiger.com\/blog\/petitioning-parole-montgomery-v-louisiana\/#BlogPosting","mainEntityOfPage":"https:\/\/brianzeiger.com\/blog\/petitioning-parole-montgomery-v-louisiana\/","headline":"Petitioning For Parole Under Montgomery V. Louisiana","name":"Petitioning For Parole Under Montgomery V. Louisiana","description":"Did you know that the state of Pennsylvania has the largest number of juvenile offenders sentenced to life without parole in the country? In the United States, we have a system of law called the \u201ccommon law.\u201d This means that not all our laws and legal...","datePublished":"2017-05-02","dateModified":"2025-09-17","author":{"@type":"Person","@id":"https:\/\/brianzeiger.com\/blog\/author\/brianzeiger\/#Person","name":"Brian Zeiger, LLC","url":"https:\/\/brianzeiger.com\/blog\/author\/brianzeiger\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/cb403eca94a17a864a2072734e4c5daa47399fd028c5fabaa5499fc0d7c474cf?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/cb403eca94a17a864a2072734e4c5daa47399fd028c5fabaa5499fc0d7c474cf?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"The Zeiger Firm","logo":{"@type":"ImageObject","@id":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2021\/09\/logo.png","url":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2021\/09\/logo.png","width":257,"height":59}},"image":{"@type":"ImageObject","@id":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2009\/10\/parole.jpg","url":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2009\/10\/parole.jpg","height":720,"width":1280},"url":"https:\/\/brianzeiger.com\/blog\/petitioning-parole-montgomery-v-louisiana\/","about":["Parole"],"wordCount":959,"articleBody":"Did you know that the state of Pennsylvania has the largest number of juvenile offenders sentenced to life without parole in the country? In the United States, we have a system of law called the \u201ccommon law.\u201d This means that not all our laws and legal principles are found in written statutes; some are derived from judicial case law. In countries that follow a common-law system, the decisions of certain courts are binding, even if they are contrary to the written law. Ultimately, the decisions of the United States Supreme Court are binding in all matters, and two such decisions,\u00a0Miller v. Alabama\u00a0and\u00a0Montgomery v. Louisiana, changed the fabric of sentencing for juvenile offenders.Miller v. Alabama: History and ApplicationThe Supreme Court decided\u00a0Miller v. Alabama\u00a0in 2012, and it addressed a case in which two 14-year-old boys were convicted of murder and\u00a0the trial judge\u00a0was required to sentence them to life imprisonment without the possibility of parole. The question presented to the court was whether such a sentence violates the\u00a0Eighth Amendment\u00a0to the United States Constitution that prohibits \u201ccruel and unusual punishment.\u201d The court answered in the affirmative and held that it was unconstitutional to mandatorily sentence a juvenile, someone under the age of 18, to life in prison without the possibility of parole. Although parole is not guaranteed, the court found that a juvenile\u2019s diminished capacity must be considered in sentencing and that the judge and jury should at least have the opportunity to sentence an offender to life with the possibility of parole.Montgomery v. Louisiana: Current ApplicationIn\u00a0Montgomery v. Louisiana, the Supreme Court addressed the application of\u00a0Miller\u00a0to juvenile offenders whose sentences had been finalized before\u00a0Miller\u00a0was decided. The court held that because\u00a0Miller\u00a0created a new rule of law under the Constitution, it was required to be retroactively applied to those who were serving sentences they might not have served under the new rule. Accordingly, if you were a juvenile and the law at the time required you to be sentenced to life imprisonment without the possibility of parole, you may be entitled to have your sentence overturned.Filing for an Appeal Under\u00a0MontgomeryFor those who qualify for potential relief under this new rule of law, it is important to enlist the aid of a\u00a0qualified Philadelphia criminal defense attorney. If the law substantially changes while you are in prison AND the Supreme CoDid you know that the state of Pennsylvania has the largest number of juvenile offenders sentenced to life without parole in the country? In the United States, we have a system of law called the \u201ccommon law.\u201d This means that not all our laws and legal principles are found in written statutes; some are derived from judicial case law. In countries that follow a common-law system, the decisions of certain courts are binding, even if they are contrary to the written law. Ultimately, the decisions of the United States Supreme Court are binding in all matters, and two such decisions,\u00a0Miller v. Alabama\u00a0and\u00a0Montgomery v. Louisiana, changed the fabric of sentencing for juvenile offenders.Miller v. Alabama: History and ApplicationThe Supreme Court decided\u00a0Miller v. Alabama\u00a0in 2012, and it addressed a case in which two 14-year-old boys were convicted of murder and\u00a0the trial judge\u00a0was required to sentence them to life imprisonment without the possibility of parole. The question presented to the court was whether such a sentence violates the\u00a0Eighth Amendment\u00a0to the United States Constitution that prohibits \u201ccruel and unusual punishment.\u201d The court answered in the affirmative and held that it was unconstitutional to mandatorily sentence a juvenile, someone under the age of 18, to life in prison without the possibility of parole. Although parole is not guaranteed, the court found that a juvenile\u2019s diminished capacity must be considered in sentencing and that the judge and jury should at least have the opportunity to sentence an offender to life with the possibility of parole.Montgomery v. Louisiana: Current ApplicationIn\u00a0Montgomery v. Louisiana, the Supreme Court addressed the application of\u00a0Miller\u00a0to juvenile offenders whose sentences had been finalized before\u00a0Miller\u00a0was decided. The court held that because\u00a0Miller\u00a0created a new rule of law under the Constitution, it was required to be retroactively applied to those who were serving sentences they might not have served under the new rule. Accordingly, if you were a juvenile and the law at the time required you to be sentenced to life imprisonment without the possibility of parole, you may be entitled to have your sentence overturned.Filing for an Appeal Under\u00a0MontgomeryFor those who qualify for potential relief under this new rule of law, it is important to enlist the aid of a\u00a0qualified Pennsylvania criminal defense attorney. If the law substantially changes while you are in prison AND the Supreme Court determines that this change can be backdated, you can invoke your new rights by filing a petition called a\u00a0writ of habeas corpus\u00a0within one year of the Supreme Court\u2019s decision that changed the law.\u00a0An attorney\u00a0can assist you with this process, and upon filing the petition, your case will be re-evaluated by the judge who sentenced you, and you will be entitled to have your sentence vacated and make a case for a new sentence before the judge.Contact Philadelphia Criminal Defense Attorney Brian ZeigerIf you believe you may qualify under these recent changes in law and have made a petition or wish to do so, contact attorney\u00a0Brian Zeiger. He will work to review the specific facts of your case and help you defend against the allegations you face.\u00a0Contact him today at 215-546-0340 or\u00a0online\u00a0for a confidential, no-risk consultation.\u00a0 "},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/brianzeiger.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Petitioning For Parole Under Montgomery V. Louisiana","item":"https:\/\/brianzeiger.com\/blog\/petitioning-parole-montgomery-v-louisiana\/#breadcrumbitem"}]}]