Posts in 'Amicus Curiae'

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 juveniles facing severe, adult-like consequences in the juvenile court system must be afforded the right to jury trials.

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 prosecuting a minor under a strict liability statute and shifting the burden to the minor to prove consent without the opportunity to confront his accuser at the subsequent  ‘consent’ hearing under the Michigan Sex Offenders Registration Act violates the minor’s due process rights.

Argued that certification hearing deprived Appellant of due process, that juveniles are particularly susceptible to the pressure and coercion that are central to felony-murder and manslaughter, and that juvenile developmental status is relevant to constitutional analysis.

Argued that a New Jersey statute governing transfer of juveniles to adult court, and the Attorney General Waiver Guidelines, as applied, violated a juvenile’s right to due process, and violated the separation of powers clause of the New Jersey State Constitution.

Argued that mandatory life without parole sentences for juveniles convicted of homicide offenses are unconstitutional.

Argued that failure of the court to on its own raise or otherwise address the issue of competency violates the due process clause of the United States Constitution as well as Indiana law.

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.