No. 19-8058

Maurice Brack, aka Maurice Barrack, aka Maurice Black, aka Maurice L. Brack, aka Socca Bopum, aka Socka Bopa v. New Jersey

Lower Court: New Jersey
Docketed: 2020-03-23
Status: Denied
Type: IFP
IFP
Tags: 8th-amendment adolescent-development constitutional-retroactivity criminal-procedure due-process eighth-amendment family-court juvenile-justice juvenile-waiver retroactivity
Latest Conference: 2020-05-21
Question Presented (from Petition)

Whether, due to the overwhelingly objective indicis of national consensus that surrounds the advaned research on adblescent brain developmont wholly disproving the presumption that juveniles who commit crimes think like adults and cannot be rehabilitated, it can still be held as Constitutional under the 8t Amendment for a Family Court to waive it's jurisdiction over a 14 yer old adolescent for the sole purpose of exposing the 14 year old to oault penalties?

N.J.S.A.2A:4A-26e.l.C.(i) which now prdhibits the Family Court from wiving it's jurisdiction over any joveniles under the onstitution, must be applied retroactively to cases on collateral eview?

Question Presented (AI Summary)

Whether New Jersey's revised juvenile waiver statute (N.J.S.A. 2A:4A-26.1(c)) which prohibits the Family Court from waiving its jurisdiction over any juveniles under the age of 15 announced a new substantive rule that must be applied retroactively to cases on collateral review

Docket Entries

2020-05-26
Petition DENIED.
2020-05-06
DISTRIBUTED for Conference of 5/21/2020.
2019-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2020)

Attorneys

Maurice Brack
Maurice Brack — Petitioner