Legal Docket

We opposed the State’s argument that the exclusionary rule does not apply to an illegal search conducted by school officials.

At ages 16 and 17, Treson Roberts and Zyion Houston-Sconiers stole candy and cell phones from teenage trick-or-treaters on Halloween. As a result of Washington’s automatic decline statute, they were each transferred to adult court and subjected to adult mandatory minimum sentences without a hearing or individualized determination of the appropriateness of the transfer. Mr. Roberts and Mr. Houston-Sconiers were sentenced to 26 plus years and 31 years respectively. We argued that this statutory scheme violates the procedural due process protections of the U.S. Constitution.

We argued against the criminalization of children's ordinary schoolroom conduct such as "burping, laughing, and leaning into the classroom" and highlighted the devastating cost that such criminalization would have on children's education, health, and life chances.

Amici argued on behalf of a 9-year-old foster child that independent, client-directed, legal counsel is necessary to help protect children’s physical liberty interests including: determinations regarding where and with whom the child will live and attend school, what, if any, contact the child will be allowed or required to have with family members, and the course of medical and mental health treatment.

We argued that an aggregate 90-year sentence for offenses committed by a juvenile violates Miller because it is the functional equivalent of life without parole and was imposed without consideration of the Miller factors.

We argued that the adult prosecution of a person who committed a crime as a juvenile but was apprehended after his 21st birthday is irreconcilable with Ohio’s commitment to protecting young children in the justice system.

We argued that a suspicionless body cavity search of a 12-year-old girl detained for a minor offense is unconstitutional under the Fourth Amendment.

We argued that both Miller and Montgomery establish a presumption against imposing life without parole sentences on juveniles, who are categorically less culpable than adults. We further argued that imposing a life without parole sentence on a juvenile convicted of felony murder is unconstitutional because it attributes the same level of culpability and foreseeability to each participant in the crime regardless of their level of participation or neurological development.