DueProcess FifthAmendment CriminalProcedure HabeasCorpus Punishment
Whether juvenile offenders are entitled to sentence review under the Eighth Amendment and Equal Protection Clause when serving consecutive sentences
QUESTIONS PRESENTED: 1. Under the Eighth Amendment and the Equal Protection Clause, Are juvenile offenders entitled to a review of his or her sentence if they are ; serving consecutive sentences and “in custody under any one of them” as was established in Peyton v Rowe, 391 US 54 20 L Ed 2d 426, 88S Ct 1549 (1968) ? 2. Under the sixth amendment the trial court violated the petitioner's constitutional rights, where a sentence written order does not conform to the court's oral pronouncement of judgment and sentence, and the latter prevails ? 3. Under fourteenth amendment, Is it unconstitutional to find a juvenile offender “not amenable to rehabilitation or supervision” where the judge alone found the existence of an aggravating circumstance as an element of a separate and aggravated offense, when that juvenile has a sentence review that is for the reason of proving her rehabilitation ? 4. Under the Fifth Amendment, Is It unconstitutional to question a juvenile without given them the option to leave the interview at anytime or permission to call a parent and which the coerced Postarrest silence was used by prosecutor as evidence of guilt ?