No. 19-8804

A. M. v. Indiana

Lower Court: Indiana
Docketed: 2020-06-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment counsel-representation due-process fair-proceedings fourteenth-amendment ineffective-assistance-of-counsel juvenile-delinquency liberty-interest right-to-counsel
Key Terms:
DueProcess
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Does the Due Process Clause of the Fourteenth Amendment provide children a right to counsel at all proceedings where their liberty is at stake?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Fifteen-year-old A.M. was facing imprisonment for his acts of delinquency, which could have lasted until he turned twenty-one. He had been placed on probation for an delinquency act, but violated probation. When offered an opportunity to express A.M.’s position on the appropriate sanction, A.M.’s counsel instead lectured A.M. for committing a dismissed allegation that was significantly more serious than those A.M. had admitted to, telling A.M. in open court that he was going to the Department of Correction and he hoped he learned his lesson. The questions presented are: 1. Does the Due Process Clause of the Fourteenth Amendment provide children a right to counsel at all proceedings where their liberty is at stake? 2. For adults, this Court has developed the Strickland and Cronic standards to evaluate claims of ineffective representation, even where the right to counsel emanates from the Due Process Clause of the Fourteenth Amendment. Do children also deserve application of these standards as a minimum safeguard to ensure them objectively reasonable representation and fundamentally fair delinquency proceedings? 3. Does a child facing a prison commitment as a result of delinquency proceedings possess autonomy to control the objectives of their defense? i

Docket Entries

2020-10-05
Petition DENIED.
2020-07-30
DISTRIBUTED for Conference of 9/29/2020.
2020-07-23
Waiver of right of respondent Indiana to respond filed.
2020-06-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 24, 2020)

Attorneys

A. M.
Joel Craig WienekeWieneke Law Office, LLC, Petitioner
Joel Craig WienekeWieneke Law Office, LLC, Petitioner
Indiana
Stephen Richard Creason — Respondent
Stephen Richard Creason — Respondent