Topic Archive: Appeals

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Ohio v. Quarterman

On March 10, 2014, NJDC with Juvenile Law Center, and the Ohio Chapter of the American Academy of Pediatrics filed an amicus brief arguing that Ohio’s mandatory bindover statutes are unconstitutional under the due process clause of the Fourteenth Amendment because they do not allow for individualized determinations regarding the appropriateness of prosecuting certain minors in…

People v. Salas

NJDC co-authored a brief with the Children and Family Justice Center at Northwestern University School of Law’s Bluhm Legal Clinic, challenging Illinois’s automatic transfer statute, which excluded children over 15 charged with certain offenses from the jurisdiction of the juvenile court without any individualized assessment or considerations of that child’s youth. Amici argued that with…

State v. Rudy B.

NJDC signed onto an amicus brief prepared by Juvenile Law Center in support of an appeal before the New Mexico Supreme Court that juveniles had the right to a trial by jury at amenability for transfer hearings. A New Mexico juvenile brought the appeal when, after his adjudicatory hearing in juvenile court, the juvenile court…

In re A.J.

NJDC co-authored a brief with the law firm of Baker & McKenzie arguing to uphold the trial court’s determination that juvenile defendant, A.J., charged with a sex offense, was entitled to a jury trial. Amici argued that due process, the deplorable state of juvenile justice in Louisiana, and the rehabilitative goals of Louisiana’s juvenile justice system…

People v. Lessie

The NJDC co-authored an amicus brief before the California Supreme Court with the Los Angeles Public Defender’s Office on the issue of whether a child’s request for a parent is a per se invocation of his Fifth Amendment rights. In this case, Lessie, the 16-year-old defendant, was taken into police custody and interrogated. Prior to…

Bellevue Sch. Dist. v. E.S.

NJDC signed onto an amicus brief written by the Juvenile Law Center supporting the Washington Court of Appeals ruling that a student has a due process right to counsel at the initial hearing of a juvenile court truancy proceeding. Other amici in this case included the ACLU of Washington, arguing the state and federal constitutional…

In re Jefferson

NJDC co-authored and signed onto as amicus a brief filed by the Southern Juvenile Defender Center in this case regarding a juvenile defender who was held in contempt for making comments related to her ability to advocate for her client. The brief highlighted the importance of zealous advocacy in juvenile court, and warned that allowing sanctions,…

In re William B.

In October 2007, the Nevada Supreme Court requested NJDC’s participation as amicus in a case centered on the constitutionality of Nevada’s presumptive transfer statute. NJDC’s brief, signed on to by 23 other organizations, addressed several critical constitutional and public policy issues, including the well-established developmental differences between youth and adult offenders, the problems posed by…

State Court Amicus Briefs

This page provides access to the amicus briefs NJDC has co-authored or signed on to in state courts. ARIZONA   Arizona v. Tyler B. (filed March 2013, Supreme Court of Arizona) Adolescent Development; School Interrogation; Search & Seizure   CALIFORNIA   People v. Gutierrez (filed September 2013, California Supreme Court) Adolescent Development; Juvenile Life Without…

Federal Court Amicus Briefs

This page provides access to the amicus briefs NJDC has co-authored or signed on to in federal courts. Click a case name to learn more and access the relevant brief. UNITED STATES SUPREME COURT – Seminal Decisions Miller v. Alabama & Jackson v. Hobbs (Filed: Jan. 13, 2012) (Decided: June 25, 2012) Adolescent Development; Mandatory…

In the Interest of O.S.

This amicus brief filed by Juvenile Law Center, NJDC, and other organizations, requested the New Jersey Court of Appeals finds that the Juvenile Court retains jurisdiction “to hear evidence regarding the status of young people committed to the custody of the State’s Juvenile Justice Commission and, when necessary and appropriate, to modify its own dispositional…

State v. Barnes

At the request of the Tennessee Office of the Public Defender, the Center on Wrongful Convictions of Youth, joined by NJDC and several other organizations, filed an amicus brief in support of the suppression of a juvenile’s confession, which specifically sought a per se rule suppressing a confession where there is a threat of the…

In re D.M.

NJDC, the Children’s Law Center, and the Office of the Ohio Public Defender filed a brief in the Supreme Court of Ohio in support of a juvenile facing transfer to adult court, arguing that a youth is entitled to full discovery, inclusive of police reports and law enforcement materials, which may allow a youth charged with…

Arizona v. Tyler B.

In March 2013, NJDC, along with 40 other organizations and individuals, signed onto an amicus brief filed by Juvenile Law Center in support of Tyler B., asserting that the trial court properly exercised its discretion in granting Tyler’s motion to suppress evidence derived from a blood draw. Amici argued that a youth’s age and other…

E.C. v. Virginia Dep’t of Juvenile Justice

In 2011, NJDC filed an amicus brief and a supporting supplemental brief, joined by Mid-Atlantic Juvenile Defender Center, the Disability Law Clinic, the Center on Wrongful Convictions of Youth, and other interested parties, in support of a challenge to the lower court’s ruling that Virginia courts lose jurisdiction over pending habeas cases as soon as…

In re D.B.

NJDC, together with the Juvenile Law Center, and the National Center for Lesbian Rights, and joined by other organizations, co-authored an amicus brief in support of the petitioner in August 2010, arguing that Ohio’s statutory rape law, 2907.02(A)(1)(b), was unconstitutional as applied to children under the age of 13 who engaged in sexual conduct with…

In re C.P.

In September 2010, NJDC, joined by several organizations, filed an amicus brief  in the Ohio Supreme Court challenging the application of Ohio Senate Bill 10 (passed to comply with the Adam Walsh Act (AWA)) to juveniles where it requires mandatory tier III classification of juveniles aged 14 to 17 as Public Registry-Qualified Juvenile Offender Registrants…

In re M.W.

NJDC, Juvenile Law Center, Center on Wrongful Convictions of Youth and the Children’s Law Center together as amici submitted a brief urging the Ohio Supreme Court to adopt a bright line rule that juveniles must have meaningful access to counsel during police interrogations and prior to waiver of their rights under Miranda v. Arizona. The…

In re Commitment of J.B.

NJDC with the Civil Rights and Constitutional Litigation Clinic at Seton Hall Law School, the ACLU of New Jersey, and Gibbons P.C., filed an amicus brief at the New Jersey Appellate Division on behalf of J.B, arguing that the due process clause forbids the State of New Jersey from applying the Sexually Violent Predator Act…

In the Interest of V.A.

NJDC joined the New Jersey Institute for Social Justice, Rutgers Urban Legal Clinic—Rutgers School of Law, Juvenile Law Center, the ACLU of New Jersey, and several other interested organizations in filing a brief to the New Jersey Supreme Court, focusing on N.J.S.A. 2A:4A 26, that permits the transfer of 16-17 year old youth to the…

Minnesota v. Grigsby

NJDC joined Juvenile Law Center and the Campaign for Youth Justice as amici in support of a juvenile, William Grigsby, who was tried and sentenced in adult court. The case against Grigsby was initially filed in juvenile court with a charge of second degree intentional murder; however, the case was certified to adult court based on…

Gingerich v. Indiana

In November 2011, NJDC, the Children’s Law Center and the Campaign for Youth Justice joined as amici in a brief to the Indiana Court of Appeals, urging it to consider the due process protections that must be afforded a youth in any decision to waive the youth to adult court—namely, that due process in waiver…

In re Austin M.

In 2011, NJDC, Juvenile Law Center, Loyola Civitas ChildLaw Center, and the Children and Family Justice Center of the Bluhm Legal Clinic at Northwestern University School of Law, joined as amici in a brief to the Illinois Supreme Court, arguing that Austin M.’s constitutional right to counsel in a delinquency proceeding was breached where his…