With a lopsided conservative majority on the U.S. Supreme Court, Eyal Press writes, progressive activists are seeking legal opportunities in state constitutions.
McLane runs a clinic that regularly helps indigent clients in Wyoming file motions to reduce their sentences. Yet, when she finished Hicks’s petition, she said to herself, “This is an absolute lost cause.” In part, she felt this way because of the notorious reputation of Kent Proffit, Sr., the older man who’d orchestrated the murder: Proffit, an alleged child molester, had wanted to prevent the victim, a sixteen-year-old boy, from testifying against him in a sexual-assault trial.
McLane informed Barry of her plans to file a lawsuit challenging mandatory life without parole for young adults in Wyoming. She discussed Hicks’s case, and talked about how she’d got to know him, learning more about his teen-age years—he’d endured extensive abuse—and about his determination to make amends for what he’d done. McLane acknowledged that, in a conservative state like Wyoming, the odds of securing a new sentencing hearing for Hicks might be long.
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