Background

• Bear Cloud was convicted of first-degree murder as a juvenile (age 16) and sentenced to life imprisonment according to law; the initial appeal upheld the sentence as constitutional under the Eighth Amendment (Bear Cloud I).
• On remand, Supreme Court vacated Bear Cloud I in light of Miller v. Alabama and instructed reconsideration of the constitutionality of Wyoming’s juvenile deathless life sentences.
• Wyoming provides two sentences for juvenile defendants on first-degree murder: life without parole or life imprisonment according to law; parole eligibility is governed by separate statutes that effectively foreclose real parole consideration.
• Statutes § 6-10-301(c) and § 7-13-402(a) render parole practically unavailable for life sentences, creating a de facto life without parole for juveniles; Solem, Graham, and Miller require meaningful parole review.
• The Wyoming Supreme Court held §6-10-301(c) and §7-13-402(a) unconstitutional as applied to juveniles; §6-2-101(b) remains constitutional, but must be applied with individualized sentencing and a defined parole-eligibility period; the case is remanded for a new sentencing hearing consistent with Miller.

Issues

Key Cases Cited

• Solem v. Helm, 463 U.S. 277 (U.S. 1983) (parole vs. commutation distinctions matter for meaningful release)
• Graham v. Florida, 560 U.S. , 130 S. Ct. 2011 (U.S. 2010) (life without parole for juveniles in non-homicide cases unconstitutional)
• Roper v. Simmons, 543 U.S. 551 (U.S. 2005) (death penalty for juveniles unconstitutional)
• Weems v. United States, 217 U.S. 349 (U.S. 1910) (punishment proportionality and statutory interpretation context)
• Kennedy v. Louisiana, 554 U.S. 407 (U.S. 2008) (evolving standards of decency; proportionality and death penalty context)