Motions were filed with the juvenile court seeking nunc pro tunc relief on behalf of five youth who had been adjudicated delinquent for sex offenses prior to December 2012 when the SORNA law went into effect; in December, they were required to register as sexual offenders. The motions for nunc pro tunc relief ask the court to reconsider their classification as juvenile sex offenders and remove their information from the sex offender registry.
Argued that two juveniles' sentences of 70 and 90 years in prison for non-homicide offenses are unconstitutional pursuant to the United States Supreme Court's rulings in Graham v. Florida and Miller v. Alabama.
Our brief argued that age and other circumstances must be considered in assessing if a youth voluntarily consented to a blood draw by a law enforcement official.
Our brief argued that appellant, sentenced to life without parole as a juvenile, is entitled to relief based on the second exception to the prohibition on filing a second or successive habeas petition, which allows a subsequent petition when it is premised on "a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable."
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.
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