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California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051 by Sam Rutherford by Sam Rutherford The Court of Appeal of California, District 1, held that Cal. Penal Code …
Article • February 1, 2025 • from CLN February, 2025
California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d) by Sam Rutherford by Sam Rutherford The California Court of Appeal, Second Appellate District, held that youthful defendants who receive sentences that are “functionally equivalent” to sentences of life without …
Brief • August 20, 2024
State v. Trejo, FL, Juvenile Resentencing Order, Miller Resentencing, 2024 Filing # 205089436 E-Filed 08/20/2024 09:17:08 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA, CASE NO.:50-2007-CF-017817-JXXX-MB CRIMINAL DIVISION (S) – Circuit vs. ROBERTO TREJO, Defendant. _______________________________/ JUVENILE RESENTENCING …
Colorado Supreme Court Announces Parole Board Not Statutorily Required to Consider ‘Demonstrated Maturity and Rehabilitation’ When Deciding Whether to Release Sex Offenders Who Received Adult Sentences for Crimes Committed as Juveniles by Sam Rutherford by Sam Rutherford   In a case of first impression, the Supreme Court of Colorado held …
Article • May 15, 2024 • from CLN May, 2024
Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts extended the holding of Diatchenko v. District Attorney for the Suffolk Dist., 1 N.E.3d 270 (Mass. 2013) (sentence of life without parole for first-degree murder …
Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that Joshua Lamar-James Stewart’s age and his health, along with the timing of the police interrogation and the officers’ tactics that included promises of leniency, racial slurs, a combative tone, …
New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors by Anthony Accurso by Anthony W. Accurso New Mexico Governor Michelle Lujan Gresham signed SB64, the No Life Sentences for Juveniles Act, into law on March 17, 2023, ending life without parole (“LWOP”) sentencing for offenders …
From the Sad but True Files: Police Oppose Laws Prohibiting Cops From Lying to Juveniles During Interrogations by Douglas Ankney by Douglas Ankney Vehement opposition by law ­enforcement stopped the passage of a 2022 Colorado bill that would have banned police from lying to juvenile suspects while attempting to extract …
Tennessee Supreme Court Announces State Statute Automatically Sentencing Juvenile Offenders Convicted of First-Degree Murder to Life in Prison Is Unconstitutional by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Tennessee followed the U.S. Supreme Court’s guidance for proportionality analysis when sentencing juvenile offenders …
Article • March 15, 2023 • from CLN April, 2023
Minnesota Supreme Court Announces Plain Language of Interference With Privacy of a Minor Statute Requires That Defendant Must Have Known Victim Was Under 18 at Time of Offense by Jacob Barrett by Jacob Barrett In a case of first impression, the Supreme Court of Minnesota reversed and dismissed the charges …
Article • January 15, 2023 • from CLN February, 2023
Massachusetts Supreme Judicial Court Ends Practice of Juvenile Courts Granting Continuances for Sole Purpose of Extending Delinquent’s Period of Detention by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts ended the practice of judges presiding over juvenile delinquency proceedings and granting continuances for the sole purpose of …
New Jersey Supreme Court: Youth May Be Considered as a Mitigating Factor but Not Aggravating Factor in Sentencing by David Reutter by David M. Reutter The Supreme Court of New Jersey held that a defendant’s youth may be considered only as a mitigating factor in sentencing and cannot support an …
Article • May 1, 2022 • from CLN May, 2022
Tennessee County Disproportionately Jails Black Children, and It’s Not Getting Better by Jacob Barrett by Jacob Barrett Tennessee’s Rutherford County hasbeenunderscrutinyafteritwaswidelycriticizedforitsdysfunctional juvenilejusticesystem.TheCountyhasbeenincarceratingBlackchildrenatadisproportionatelyhighrate, accordingtodataobtainedbyProPublicaandNashvillePublicRadio(“NPR”).Themostrecentdatarevealthat theCounty’sincarcerationofBlackyouthisanextremedeparturefromnationaltrendsandtheCounty’sracial disparityisgettingworse,notbetter. ProPublica and NPR documented how Rutherford County charged 11 Black children for a crime that did not exist. Four of the children were confined in …
Article • March 17, 2022
North Carolina Governor Grants Clemency to 3 People Convicted as Juveniles by A March 10, 2022, press release from North Carolina Governor Roy Cooper’s office stated the governor has commuted the sentences of three people convicted of crimes as juveniles. The commutations — the first of their kind — were …
Oregon Bans Police Lying to Obtain Confessions from Juveniles by Jacob Barrett by Jacob Barrett On May 24, 2021 the Oregon Legis­lature passed SB 418 banning police from lying to juveniles in order to obtain a confession during interrogations. The bill is part of a number of youth reform measures …
Publication • December 21, 2021
U.S. DOJ Investigation of Manson Youth Institution U.S. Department of Justice Civil Rights Division Assistant Attorney General 950 Pennsylvania Ave, NW - RFK Washington, DC 20530 December 21, 2021 The Honorable Ned Lamont Governor of Connecticut State Capitol 210 Capitol Avenue Hartford, CT 06106 RE: Investigation of Manson Youth Institution …
Article • December 15, 2021 • from CLN January, 2022
California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes by Douglas Ankney by Douglas Ankney The California Court of Appeal, Fifth Appellate District, held that Superior Courts are to consider only the elements of a juvenile’s prior adjudicated …
Article • October 15, 2021 • from CLN November, 2021
Ohio, Now 24th State to End LWOP for Juveniles by Michael Fortino, Ph.D by Michael Fortino, Ph.D. In a long-awaited state enactment, Ohio Governor, Mike Dewine, signed into law, SB 256 which, among other provisions, bans sentences for life without parole (“LWOP”) and retroactively alters parole eligibility for minors sentenced …
Article • September 15, 2021 • from CLN October, 2021
Study: Innocent Children Likely to Plead Guilty by David Reutter by David M. Reutter The developmentally immature decision-making decisions of child defendants makes them “likely to be systematically pleading guilty to crimes that they did not commit in predictable circumstances,” concluded a study by Rebecca K. Helm from England’s University …
Article • August 4, 2021
Michigan Moves to Restrict Shackling of Juveniles in Court by On September 1, 2021, Michigan will be added to the list of 31 states and D.C. with regulations limiting when a juvenile may be placed in restraints in court. The new rule handed down by the state Supreme Court on …
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