Howard v. Texas

Michael Anthony Howard was sentenced as an adult to 70 years in prison for murder.  He was 15 years old at the time of the offense. Texas law requires Mr. Howard to serve 30 years in prison before he may be eligible for parole. Mr. Howard’s case is now on appeal before Texas’ Eighth Court of Appeals.

Juvenile Law Center filed an amicus brief in support of Mr. Howard, arguing his sentence constitutes cruel or unusual punishment in violation of Article I, Section 13 of the Texas Constitution. Our brief argued the text and history of the Texas Constitution, comparable jurisprudence from sister states, and policy considerations unique to Texas all support broad state constitutional protections for youth that extend beyond those afforded by the Eighth Amendment. We argued Mr. Howard’s lengthy sentence contradicts neuroscience and developmental research showing youth like him are likely to desist from criminal behavior. We also argued Mr. Howard’s sentence undermines Texas’s longstanding commitment to treating youth differently from adults and protecting them from the state’s most severe penalties. We thus urged the Court of Appeals to find Mr. Howard’s sentence unconstitutional.