No. 19-8231

Juvenile Male v. United States

Lower Court: Second Circuit
Docketed: 2020-04-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process evidence juvenile-justice juvenile-transfer prosecutorial-discretion rehabilitation sentencing transfer-hearing
Key Terms:
DueProcess
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Whether the refusal of the United States Attorney to detail the defendant's role in weighing his potential for rehabilitation in the interest of justice and the failure of the District Court to consider that role in offenses charged violated the defendant's Due Process rights, particularly when at the transfer hearing there was no evidence proffered by the government with regard to what acts were committed by the juvenile

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the refusal of the United States Attorney to detail the defendants role in weighing his potential for rehabilitation in the interest of justice and the failure of the District Court to consider that role in offenses charged violated the defendants Due Process rights particularly when at the transfer hearing there was no evidence proffered by the government with regard to what acts were committed by the juvenile. The District Court considered the brutal and heinous nature of the offense in determining whether the defendant could be rehabilitated when the defendant may not have committed any acts of violence and thus transferred the defendant from juvenile status to adult status. He now faces multiple life sentences. 1 rd * ;

Docket Entries

2020-05-18
Petition DENIED.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-04-14
Waiver of right of respondent United States to respond filed.
2020-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 11, 2020)

Attorneys

Juvenile Male
Gerald DiChiara — Petitioner
Gerald DiChiara — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent