Category Archives: Case Law

Prisoners in Isolation: In Davis v. Ayala, Justice Anthony Kennedy issues a call to action in his discussion of Solitary Confinement

On March 3, 2015, at the conclusion of oral argument in the U.S. Supreme Court case of Davis v. Ayala, No. 13-1428 (U.S. Jun 18, 2015), Justice Anthony Kennedy asked Hector Ayala’s lawyer, Anthony Dain, a question that the justice … Continue reading

Print Friendly
Posted in Case Law, Conditions of Confinement, Sentencing, U.S. Supreme Court, Uncategorized | 1 Comment

Charged as an Adult because an Adult When Charged

By Kevin Lapp, Associate Professor of Law, Loyola Law School-Los Angeles A curious case from the Oklahoma Court of Criminal Appeals decided last month held that a juvenile was properly tried and sentenced as an adult for a crime committed … Continue reading

Print Friendly
Posted in Adult Court, Case Law, Guest Blogger, Juvenile Court, State Laws | 1 Comment

Juvenile Lifers: Reason for Hope

On December 1, 2014, the Supreme Court again deflected an effort to clarify whether its landmark 2012 decision in Miller v. Alabama banning mandatory life without parole sentences for juveniles should be applied retroactively. It was the second time this … Continue reading

Print Friendly
Posted in Adult Court, Case Law, Miller v. Alabama, Sentencing, State Laws, U.S. Supreme Court | 1 Comment

When the Law Doesn’t Fit the Crime: Lessons from the Blogosphere

I’m now blogging for the Huffington Post.  Here’s my first piece, which also appears on the Juvenile Justice Information Exchange: Practicing criminal law is not rocket science. It’s also not open heart surgery. But it’s more than just slapping a … Continue reading

Print Friendly
Posted in Blogosphere, Case Law, Criminal /Juvenile Defense, State Laws | 1 Comment

California Takes Stand Against Extreme Sentences for Youth

Today the California Assembly approved a bill and the California Supreme Court issued a decision that together will help scale back the extreme sentencing of young offenders in that state.  Senate Bill 9 will allow juveniles sentenced to mandatory life … Continue reading

Print Friendly
Posted in Case Law, Miller v. Alabama, Sentencing, State Laws, U.S. Supreme Court | 1 Comment

Court Invalidates Backpack Search by School Resource Officer

Many of the cases we handle in the UNC Juvenile Justice Clinic involve school-based incidents that are then charged as criminal offenses in delinquency court.  Students who have acted out verbally or physically in school (where any “touch” that is … Continue reading

Print Friendly
Posted in Analysis, Case Law, Delinquency, School to Prison Pipeline, Search and Seizure, State Laws, Uncategorized | 4 Comments

Campaign for the Fair Sentencing of Youth: Standing Together to End Death in Prison for Children

One of my favorite non-profits is the Campaign for the Fair Sentencing of Youth (CFSY), a national organization dedicated to ending the practice of incarcerating juveniles in prison for life without the possibility of parole.  CFSY, directed by the wonderful Jody … Continue reading

Print Friendly
Posted in Adult Court, Advocacy, Case Law, Miller v. Alabama, Organizations, Sentencing, State Laws, U.S. Supreme Court, Uncategorized | 1 Comment

What We Missed

Apologies for the lack of recent posting; I’ve been off the grid this week.  If you ever find yourself missing the blog, however, please remember to check out the Juvenile Justice Blog Facebook page, as there are frequent links there … Continue reading

Print Friendly
Posted in Advocacy, Case Law, Contests, Juveniles, Miller v. Alabama, Reports, School to Prison Pipeline, State Laws, Uncategorized | Comments Off on What We Missed

States Respond to Supreme Court JLWOP Decision — Updated 7.19.12

As states are scrambling to respond to Miller v. Alabama , a number of law review articles have recently come out on Graham v. Florida, the 2010 Supreme Court decision that ended juvenile life without parole sentences for those convicted of … Continue reading

Print Friendly
Posted in Adult Court, Analysis, Case Law, Juveniles, Legal Scholarship, Miller v. Alabama, Post-Conviction, Sentencing, State Laws, U.S. Supreme Court, Uncategorized | 3 Comments

Policing School Discipline

The title of this post is the title of a recently published article by my colleague, Professor Catherine Kim (University of North Carolina), who is also the co-author of the excellent book, The School-to-Prison Pipeline: Structuring Legal Reform, a comprehensive study … Continue reading

Print Friendly
Posted in Analysis, Case Law, Juveniles, Legal Scholarship, School to Prison Pipeline, Social science, U.S. Supreme Court | 1 Comment