Legal Docket

Juvenile Law Center, with National Juvenile Defender Center, filed an amicus brief in the Ohio Supreme Court on behalf of a 16-year-old child transferred to adult court under Ohio’s mandatory transfer scheme.

Argued that sentences of life without the possibility of parole for juveniles convicted of homicide are unconstitutional in light of Miller and that Miller applies retroactively.

Amici challenged a lower court’s holding limiting relief available via Pennsylvania’s summary offense expungement statute to only a narrow class of petitioners.

Argued that sentences of 133 years and 68 years for juveniles convicted of nonhomicide offenses, with only the possibility of geriatric release, are unconstitutional as they fail to provide a meaningful opportunity to obtain release as mandated by Graham v. Florida.

Argued that, given the significance of the child’s liberty interests at stake, due process requires appointment of counsel for children in dependency proceedings.

Argued that Missouri’s Armed Criminal Action statute, as applied to juveniles, is unconstitutional because its mandatory incarceration provision provides no opportunity to consider a juvenile’s reduced culpability, age, and related characteristics as required by Graham and Miller.

Argued that a ten-year-old is unlikely to fully understand and appreciate the nature of his Miranda rights and should not be able to waive them on his own.

Juvenile Law Center was co-counsel in Montgomery v. Louisiana, a case recently decided by the U.S. Supreme Court holding that Miller v. Alabama (2012) applies retroactively to individuals serving mandatory juvenile life without parole sentences.