Argued that Nebraska’s mandatory statutory sentencing scheme is now unconstitutional pursuant to the United States Supreme Court’s ruling in Miller v. Alabama, which banned mandatory life without parole sentences for juveniles.
Argued that a child who is wishes to file an appeal through counsel should have the right to do so, regardless of the position of any other party to the proceeding, including a guardian ad litem.
Argued that children in dependency proceedings are entitled to attorneys who owe the same duty of confidentiality to their child-clients as they do to an adult client.
Argued that Petitioner's sentence is the equivalent of life without parole because Missouri law requires him to serve a minimum of 92 years before becoming parole-eligible. This sentence therefore violates the United States Supreme Court’s ruling in Graham v. Florida, which held that juvenile offenders cannot be sentenced to life for non-homicide offenses without a meaningful and realistic opportunity for re-entry into society prior to the expiration of their sentence.
Argued that due process is violated when a judge uses his independent knowledge about a youth’s child welfare history and involvement, including past misconduct, as evidence to adjudicate the youth delinquent in the juvenile justice system.
Argued that failure of the court to address the issue of competency – on its own or otherwise -- violates the due process clause of the United States Constitution as well as Georgia law.
Argued that Congress has authority under the Commerce Clause to address the failure of the market to provide affordable and appropriate health care for children who can neither purchase health insurance nor access health care on their own.
Argued that a sentence of 110 years to life (three consecutive life-terms) for a non-homicide offense committed as a juvenile violates the United States Supreme Court’s ruling in Graham v. Florida.
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