Justia Juvenile Law Opinion Summaries

In 2009, when he was seventeen-and-a-half years old, appellant Michael Felder was playing in a pick-up basketball game with Andrew Williams at an outdoor court in Philadelphia. The pair were matched against brothers Jarrett and Malcolm Green. Appellant’s style of play became aggressive; an argument ensued after Williams refused to hand the ball over to the Greens. Appellant walked to the sideline and removed a .380 semiautomatic handgun from his gym bag, and shot Malcolm in the head before shooting Jarrett in the stomach and leg. A jury convicted appellant of first-degree murder and aggravated assault. Pursuant to the then-applicable mandatory sentence for first-degree murder, which also applied to juveniles, appellant was sentenced to life imprisonment without the possibility of parole. The Superior Court vacated appellant’s judgment of sentence two years later; by then, Miller v. Alabama, 567 U.S. 460 (2012) and Commonwealth v. Batts, 66 A.3d 286 (Pa. 2013) (“Batts I”) had been decided. Since appellant’s judgment of sentence was not yet final, the Superior Court determined he was entitled to the benefit of those rulings and to consideration of the Miller factors before being resentenced, and remanded the case for such proceedings. Upon remand, the court imposed a discretionary 50-years-to-life sentence for appellant’s first-degree murder conviction. On appeal to the Superior Court, appellant challenged the legality of his sentence, arguing “a 50-year minimum sentence is a de facto life sentence.” The Superior Court found that although the sentence precluded appellant from seeking parole until he was 68 years old, it was constitutional because it “was the result of an individualized and discretionary sentencing hearing[.]” The Pennsylvania Supreme Court granted discretionary review limited to whether appellant's sentence was indeed a de facto life sentence requiring the sentencing court under Commonwealth v. Batts, 163 A.3d 410 (Pa. 2017) (“Batts II”), "[to] first find permanent incorrigibility, irreparable corruption or irretrievable depravity beyond a reasonable doubt." The Supreme Court determined Jones v. Mississippi, 141 S.Ct. 1307 (2021) "abrogates our foundational understanding in Batts II." So long as the sentence imposed is discretionary and takes into account the offender’s youth, even if it amounts to a de facto life sentence, Miller is not violated. "Because the sentencing court in the present case followed this procedure, we affirm." View "Pennsylvania v. Felder" on Justia Law

Defendant-appellant Elijah Hall was convicted by jury of six counts of robbery committed for the benefit of a criminal street gang and one count of active gang participation (all committed when he was 15 years old), and he received a sentence of 65 years to life in state prison. Hall appealed, and while his appeal was pending, Proposition 57 raised the minimum age a minor could be tried as an adult in criminal court from 14 to 16. Following the procedure approved in California v. Superior Court (Lara) 4 Cal.5th 299 (2018), the trial judge recalled Hall’s sentence and transferred his case to juvenile court, where the judge “treat[ed the] convictions as juvenile adjudications” and held a hearing to impose an appropriate disposition. After Hall was transferred to the Department of Juvenile Justice, he informed the Court of Appeal he wished to proceed with his appeal, which was reinstated as an appeal of a judgment in a juvenile criminal proceeding. Hall raised two challenges to the criminal trial on which his juvenile adjudications were based: (1) the trial judge violated his due process rights by instructing the jury with CALCRIM No. 315, which covered eyewitness identification evidence and tells the jury to consider, among other factors, the witness’s level of certainty when making the identification; and (2) Assembly Bill No. 333 (2021–2022 Reg. Sess.) required reversal of the true findings on the substantive gang offense and enhancements because the new law increased the proof requirements under the gang statute (Pen. Code 186.22). The Court of Appeal rejected Defendant's first argument under California v. Lemcke, 11 Cal.5th 644 (2021), in which the Supreme Court held that CALCRIM No. 315’s certainty factor did not violate due process. The Court agreed with Defendant's second argument, and remanded the case to give the State an opportunity to retry the substantive charge and enhancement allegations under Assembly Bill 333’s new requirements in a juvenile criminal proceeding, and impose a new disposition in Hall’s case - either at the conclusion of retrial or upon the State's election not to retry him. Judgment was affirmed in all other respects. View "California v. Hall" on Justia Law

In winter 1996, defendant Samuel Ryan (then aged 23) robbed a Bridgeton, New Jersey gas station at gunpoint, stealing $100 and shooting a store clerk in the process. The offense resulted in defendant’s third first-degree robbery conviction, and he was sentenced to life in prison without parole pursuant to the Persistent Offender Accountability Act, known as the “Three Strikes Law.” In this appeal, defendant contended the Three Strikes Law violated the prohibition against cruel and unusual punishment contained in the Eighth Amendment of the United States Constitution and Article I, Paragraph 12 of the New Jersey Constitution. He alleged that, by allowing courts to count crimes committed while under the age of eighteen as predicate offenses in sentencing defendants to mandatory life without parole, the Three Strikes Law ignored the constitutional constraints embodied in Miller v. Alabama, 567 U.S. 460 (2012), and New Jersey v. Zuber, 227 N.J. 422 (2017), which prohibited imposition of mandatory life-without-parole sentences or their functional equivalent on juvenile offenders. The New Jersey Supreme Court found that because defendant committed his third offense and received an enhanced sentence of life without parole as an adult, this appeal did not implicate Miller or Zuber. Accordingly, defendant’s sentence was affirmed and the Court reaffirmed the constitutionality of the Three Strikes Law. View "New Jersey v. Ryan" on Justia Law

The Supreme Court vacated the judgment of the circuit court finding that Juvenile committed acts that would constituted first-degree statutory sodomy if committed by an adult, holding that the circuit court erroneously declared and applied the law in admitting two-way video testimony, in violation of Juvenile's right to confrontation.Prior to his adjudication hearing, Juvenile filed an objection to a virtual adjudication and request to appear in person, arguing that he had a constitutional and statutory right to face-to-face confrontation of witnesses against him. The objection was overruled, and the court held the hearing in a "hybrid" format that utilized videoconferencing technology due to the COVID-19 pandemic. After the hearing, the circuit court sustained the allegation of first-degree statutory sodomy beyond a reasonable doubt. The Supreme Court vacated the judgment, holding that the circuit court's general statements concerning COVID-19 did not satisfy the requisite standard for admitting two-way video testimony, in violation of Juvenile's confrontation rights. View "In re C.A.R.A." on Justia Law

The Supreme Court vacated the judgment of the circuit court finding that J.A.T. committed acts that would constitute first-degree assault and armed criminal action if committed by an adult, holding that requiring J.A.T. to attend the adjudication hearing via two-way live video violated his constitutional rights to due process and confrontation.While J.A.T. repeatedly asserted his right to be physically present at his adjudication hearing to defend himself, the circuit court required J.A.T. to attend his adjudication hearing via two-way video to limit the exposure of germs during the COVID-19 pandemic. The Supreme Court vacated the circuit court's judgment, holding (1) generalized concerns about the COVID-19 virus may not override a juvenile's due process right to be physically present for his juvenile adjudication hearing at which his guilt or innocence will be determined; and (2) the circuit court erred in requiring J.A.T.'s attendance and participation via two-way video, in violation of J.A.T.'s due process right to be physically present at his adjudication hearing. View "In re J.A.T." on Justia Law

Defendant Cynthia Rivera admitted to planning and participating in the armed robbery of Justin Garcia, resulting in serious injuries to Garcia and the murder of his friend, Andrew Torres. At the time of the offenses, defendant was eighteen years old and in a relationship with Martin Martinez. Defendant pled guilty to aggravated manslaughter and assault and to conspiracy to commit robbery. At the time of sentencing, defendant was then nineteen years old with no prior criminal history, no juvenile record, and no arrests. Defendant expressed deep regret for her actions and told the court she had severed her relationship with Martinez, who defendant stated was physically, mentally, and emotionally abusive to her. The sentencing court applied two aggravating factors -- the risk defendant would commit another offense; and the need for deterrence-- and two mitigating factors -- the absence of a prior record, and willingness to cooperate with law enforcement. The court did not address mitigating factor nine -- unlikeliness to reoffend -- which the State had conceded. The court weighed aggravating factor three, the risk of reoffense, more heavily than the other factors, relying in large part on defendant’s youth. Thus, the court concluded that the aggravating factors substantially outweighed the mitigating factors and sentenced defendant in accordance with that finding. The Appellate Division affirmed. The New Jersey Supreme Court granted review here to consider whether a defendant’s youth could serve as an aggravating factor in sentencing. The Supreme Court reversed, vacated defendant's sentence and remanded for resentencing. "Consistent with both this Court’s precedent and the intent of the Legislature in recently adopting youth as a mitigating statutory factor, we hold that a defendant’s youth may be considered only as a mitigating factor in sentencing." Additionally, the Court held that on resentencing, the sentencing court should consider mitigating factor fourteen -- that “the defendant was under [twenty six] years of age at the time of the commission of the offense.” View "New Jersey v. Rivera" on Justia Law

Some time between mid-January and the early part of February 2018, K.S., a 14- year-old student at West Side Career and Technology Center (“WSCTS”), a vocational high school, heard appellant, a 15-year-old student at the school, say he “doesn’t think people deserve to live and everyone should just die.” Appellant’s second statement was made on February 20, 2018, six days after 17 high school students at Marjory Stoneman Douglas High School in Parkland, Florida were fatally shot. M.W., a 15-year-old classmate of appellant’s, overheard appellant say “[h]e wanted to beat the record of 19.” M.W. heard this statement from only two or three feet away while in the hallway between classes. Although appellant’s remark was not directed at her, M.W. was unsure whether he was “talking to someone [else], or [if] he just said it” aloud. K.S.,after learning of appellant’s “beat the record” statement secondhand, followed suit and reported what she had heard. The Commonwealth later charged appellant with terroristic threats pursuant to Section 2706(a)(1) and (3) of the Pennsylvania Crimes Code, and disorderly conduct. The Pennsylvania Supreme Court observed it “remains an open question” whether the First Amendment to the United States Constitution permitted States to criminalize threats made in reckless disregard of the risk of causing fear. In this opinion, the Court resolved that issue, holding that the First Amendment tolerates a conviction — in this case, under Pennsylvania’s terroristic threats statute, for making a threatening statement even where the speaker did not intend to cause terror. However, after its de novo review of the record, the Court felt constrained to conclude the statements underlying appellant's adjudication, "though perhaps concerning to some because they were uttered in a school hallway only days after a deadly high school shooting," did not cross the constitutional threshold from protected speech to an unprotected true threat. The Court therefore vacated appellant’s adjudication of delinquency. View "In the Interest of: J.J.M." on Justia Law

Jones was a juvenile in 2000 when he pled guilty to first-degree murder and was sentenced to 50 years in prison pursuant to a fully negotiated plea agreement. After unsuccessfully petitioning for postconviction relief, Jones sought leave to file a successive postconviction petition alleging his sentence violated the eighth amendment protections in the Supreme Court’s “Miller v. Alabama” decision.The appellate court affirmed the denial of his motion, finding that Jones’ claims did not invoke the protections provided to juveniles in Miller. The Illinois Supreme Court affirmed. Miller’s additional protections for juvenile offenders apply only when a trial court lacks or refuses to use discretion in sentencing a juvenile offender to life, or to a de facto life, sentence. The mandatory sentencing scheme that applied in Illinois at the time he was sentenced was never applied to Jones. By entering a plea agreement, a defendant forecloses any claim of error. A voluntary guilty plea waives all non-jurisdictional errors or irregularities, including constitutional ones. Jones has not claimed that the state engaged in any misrepresentation or committed any misconduct. View "People v. Jones" on Justia Law

Defendant Allen Benzler was sentenced in 2014 for offenses he committed when he was 18 years old. He appealed the summary denial of his motion for a "Franklin" hearing under California Penal Code section 1203.01, contending he satisfied the eligibility criteria for such a hearing laid out in In re Cook, 7 Cal.5th 439 (2019), and did not previously have an opportunity to present evidence related to his status as a juvenile offender. To this, the Court of Appeal concurred, reversed the trial court’s order, and remanded the matter for further proceedings. View "California v. Benzler" on Justia Law

A wardship petition charged Y.C., then 17 years old, with assault with a firearm, carrying a loaded firearm, and possession of a firearm by a minor. Y.C. allegedly shot a suspected rival gang member in the leg. Arrested, Y.C. was taken to the Juvenile Assessment Center, where he met with a probation officer and invoked his Miranda rights. Y.C. agreed to participate in a mental health assessment conducted by a family therapist, pursuant to an established protocol of the Juvenile Services Division of the San Mateo County Probation Department. The therapist provided a summary of her interview to the probation department, which included the summary in a report provided to the juvenile court at Y.C.’s detention hearings.The court of appeal dismissed Y.C.’s writ petition as moot to the extent that it sought relief relating to his detention During the pendency of the proceeding, Y.C. entered a change of plea and was released from detention. The court otherwise denied the petition, rejecting arguments that the disclosure of the assessment interview to the probation department and juvenile court, and its use at his detention hearings, violated his constitutional right against self-incrimination and his right to counsel, as well as HIPAA and California’s Confidentiality of Medical Information Act. View "Y.C. v. Superior Court" on Justia Law