No. 21-7185

Brian Arthur Tate v. Lawrence J. Hogan, Jr., Governor of Maryland, et al.

Lower Court: Maryland
Docketed: 2022-02-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment civil-rights constitutional-rights due-process eighth-amendment juvenile-offender juvenile-offenders liberty-interest parole parole-hearing sentencing-procedure
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2022-04-14
Question Presented (from Petition)

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?

Question Presented (AI Summary)

Whether the Eighth Amendment extends to governmental release systems for juvenile offenders

Docket Entries

2022-04-18
Petition DENIED.
2022-03-24
DISTRIBUTED for Conference of 4/14/2022.
2022-03-16
Waiver of right of respondent Hogan, Gov. of MD, et al. to respond filed.
2022-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2022)

Attorneys

Brian Arthur Tate
Brian Tate — Petitioner
Hogan, Gov. of MD, et al.
Susan Howe BaronMaryland Office of the Attorney General, Respondent