No. 22-7753

Jane Doe, Female Juvenile v. United States

Lower Court: Tenth Circuit
Docketed: 2023-06-12
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: criminal-procedure cruel-and-unusual-punishment eighth-amendment federal-juvenile-act juvenile-justice juvenile-transfer miller-v-alabama ripeness transfer-to-adult-proceedings
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (AI Summary)

When a juvenile is charged with first-degree murder, does the transfer to adult proceedings violate the juvenile's Eighth Amendment rights because the only punishments allowed are unconstitutional under Miller v. Alabama?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW 1. When a juvenile is charged by Juvenile Information with First Degree Murder pursuant to 18 US.C. §§ 2, 1(a), 1151 & 1153, and the government files a Motion to Transfer Proceedings Against Juvenile to Adult Criminal Prosecution (hereinafter referred to as the “Transfer Motion”) pursuant to 18 U.S.C. § 5032 of the Juvenile Justice and Delinquency Prevention Act, 18 U.S.C. §§ 5031-42 (hereinafter referred to as the “Federal Juvenile Act”), does the transfer to adult proceedings violate the juvenile’s rights pursuant to | the Eighth Amendment to the United States Constitution to be free from cruel and unusual punishment because the only two punishments allowed by § 1(b), the death penalty or a mandatory life sentence, are unconstitutional pursuant to Miller v. Alabama, 567 U.S. 460 (2012)? Does the doctrine of “ripeness” allow a district court to fail to rule on this Eighth Amendment issue? 2. What is required by a district court in deciding whether the transfer of a juvenile is in the “interests of justice” as required by the express language of § 5032 of the Federal Juvenile Act? When deciding whether transfer would be in the interests of justice, is it acceptable for a district court, in its written decision, to adopt “a legally incorrect interpretation” of the six § 5032 Factors? Is it acceptable for the district court to include multiple “clearly i erroneous factual findings”? Isit acceptable for a district court decision to fail to address relevant evidence that tends to support denial of the Transfer Motion? 3. May a Circuit Court of Appeal affirm a district court's transfer decision even though the district court’s written order included “a legally incorrect interpretation” of the § 5032 Factors and “clearly erroneous factual . findings”; and failed to address relevant evidence? ii

Docket Entries

2023-10-02
Petition DENIED.
2023-09-07
DISTRIBUTED for Conference of 9/26/2023.
2023-08-24
Brief of respondent United States in opposition filed.
2023-08-04
Motion to extend the time to file a response from August 11, 2023 to August 24, 2023, submitted to The Clerk.
2023-08-04
Motion to extend the time to file a response is granted and the time is further extended to and including August 24, 2023
2023-07-11
Motion to extend the time to file a response is granted and the time is extended to and including August 11, 2023.
2023-07-06
Motion to extend the time to file a response from July 12, 2023 to August 11, 2023, submitted to The Clerk.
2023-06-12
Motion (22M112) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2023-05-23
MOTION (22M112) DISTRIBUTED for Conference of 6/8/2023.
2023-05-17
Motion (22M112) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2023-05-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 12, 2023)

Attorneys

Jane Doe
Barbara L. WoltzOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent