Brian Arthur Tate v. Lawrence J. Hogan, Jr., Governor of Maryland, et al.
DueProcess Punishment JusticiabilityDoctri
Whether the Eighth Amendment of the United States Constitution, applicable to the States through the Fourteenth Amendment, extends beyond a juvenile offender's adult sentencing proceeding to include other forms of governmental release systems for this class of prisoner?
Whether Brian Tate's Maryland juvenile offender parole hearing was sufficient to conclude he received his "meaningful and realistic opportunity" for release, pursuant to the Eighth Amendment of the United States Constitution, despite the fact he was denied his application for parole based solely upon the nature of his offense and where this static factor is directly at odds with the "meaningful and realistic opportunity for release" standard of review?
Whether the United States Supreme Court's juvenile jurisprudence has created a "liberty interest" for juvenile offenders who were convicted as adults, and should their "crime not reflect irreparable corruption," must the states restore "some years of life outside prison walls" to those who demonstrate the required growth, maturity, and rehabilitation detailed by that jurisprudence?
Whether the Eighth Amendment extends to governmental release systems for juvenile offenders