We argued that the legal interests at stake in termination proceedings are distinct from the child’s custodial preferences and that counsel for a child’s legal interest in a TPR hearing must advise the child in an age-appropriate manner, and must ascertain and advocate for that child’s preferred outcome in the termination petition.
We argued that Tyshon's sentence is a de facto life sentence that provides no meaningful opportunity for release in violation of Miller's requirement that youth and its attendant characteristics be considered before imposing such a sentence.
We argued that the Eighth Amendment requires the sentencer to determine that a juvenile offender is permanently incorrigible before imposing a sentence of life without parole in order to give effect to the United States Supreme Court’s decisions in Miller and Montgomery and to ensure that juvenile life without parole sentences are truly rare. We further argued that requiring a finding of permanent incorrigibility helps root out racial bias in sentencing and ensures meaningful appellate review.
United States District Court, Middle District of Louisiana •
Our lawsuit alleges that OJJ's insufficient response to COVID-19 is punishment rather than rehabilitation and places confined youth at substantial risk of serious physical, mental, developmental, and emotional harm. We allege that OJJ has failed to implement CDC recommended social distancing, proper sanitation, and hygiene practices or to reduce the population of confined youth to effectively limit the spread of COVID-19 within the facilities.
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