No. 21-7185

Brian Arthur Tate v. Lawrence J. Hogan, Jr., Governor of Maryland, et al.

Lower Court: Maryland
Docketed: 2022-02-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment civil-rights constitutional-rights due-process eighth-amendment juvenile-offender juvenile-offenders liberty-interest parole parole-hearing sentencing-procedure
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2022-04-14
Question Presented (AI Summary)

Whether the Eighth Amendment extends to governmental release systems for juvenile offenders

Question Presented (OCR Extract)

QUESTIONS PRESENTED . . : . Whether the Eighth Amendment of the United States Constitution, applicable to the States through the Fourteenth Amendment, extends beyond a juvenile offender’s adult tn proceeding to include other forms of: governmental release systems for this ; class of pr soner? . | : waleher Brian Tate’s Maryland Juvenile offender parole hearing was sufficient to | | conclude he received his “meaningful and realistic opportunity” for release, pursuant to, the Eighth Amendment of the United States Constitution, despite the fact he was denied : his applica’ ion for parole based solely upon the nature of his offense and where this static factor is dcty at odds with the “meaningful and realistic opportunity for release” . standard of|review? . . Whether the United States Supreme Court’s juvenile jurisprudence has created a “liberty interest” for juvenile offenders who were convicted as adults, and should their . “crime mn irreparable corruption,” must the states restore “some years of life | outside prison walls” to those who demonstrate the required growth, maturity, and rehabilitation detailed by that jurisprudence? |

Docket Entries

2022-04-18
Petition DENIED.
2022-03-24
DISTRIBUTED for Conference of 4/14/2022.
2022-03-16
Waiver of right of respondent Hogan, Gov. of MD, et al. to respond filed.
2022-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2022)

Attorneys

Brian Arthur Tate
Brian Tate — Petitioner
Hogan, Gov. of MD, et al.
Susan Howe BaronMaryland Office of the Attorney General, Respondent