No. 22-7492

Cedric Winston O'Neal v. Craig Hughes, Warden

Lower Court: Sixth Circuit
Docketed: 2023-05-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment constitutional-rights criminal-procedure due-process eighth-amendment juvenile-justice mandatory-penalty mandatory-transfer miller-v-alabama montgomery-v-louisiana
Key Terms:
DueProcess Punishment HabeasCorpus
Latest Conference: 2023-06-15
Question Presented (AI Summary)

Are Mandatory Transfer Schemes also apart of SCOTUS' 8th Amendment ban of mandatory penalty schemes against children?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW ° The Questions O'Neal poses are issues of First Impression upon this Court. . ‘Question (1) Are Mandatory Transfer Schemes also apart of SCOTUS' 8th Amdt. ban of mandatory penalty schemes against children? . Question (2) Did the United States Supreme Court ruling in the case of Miller v Alabama, 567 U.S. 460, 132 S. Ct. 2455, 183 L. Ed. 2d 407 (2012), and Montgomery v Louisiana, U.S., 136 8. Ct. 718 (2016) establish a new constitutional right for a juvenile: ie. for a criminally accused juvenile who is a "child" in the eyes of the law, a constitutionally protected right to his status as a child? . w ii

Docket Entries

2023-09-08
Rehearing DENIED.
2023-08-17
DISTRIBUTED.
2023-07-14
Petition for Rehearing filed.
2023-06-20
Petition DENIED.
2023-05-31
DISTRIBUTED for Conference of 6/15/2023.
2023-05-23
Waiver of right of respondent Craig Hughes to respond filed.
2023-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 9, 2023)

Attorneys

Cedric W. O'Neal
Cedric Winston O'Neal — Petitioner
Craig Hughes
Todd Dryden FergusonOffice of the Attorney General, Respondent