No. 22-7492

Cedric Winston O'Neal v. Craig Hughes, Warden

Lower Court: Sixth Circuit
Docketed: 2023-05-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment constitutional-rights criminal-procedure due-process eighth-amendment juvenile-justice mandatory-penalty mandatory-transfer miller-v-alabama montgomery-v-louisiana
Latest Conference: 2023-06-15
Question Presented (from Petition)

Are Mandatory Transfer Schemes also apart of SCOTUS' 8th Amendment ban of mandatory penalty schemes against children?

Did the United States Supreme Court ruling in the case of Miller v Alabama, 567 U.S. 460, 132 S. Ct. 2455, 183 L. Ed. 2d 407 (2012), and Montgomery v Louisiana, U.S., 136 S. Ct. 718 (2016) establish a new constitutional right for a juvenile: i.e. for a criminally accused juvenile who is a "child" in the eyes of the law, a constitutionally protected right to his status as a child?

Question Presented (AI Summary)

Are Mandatory Transfer Schemes also apart of SCOTUS' 8th Amendment ban of mandatory penalty schemes against children?

Docket Entries

2023-09-08
Rehearing DENIED.
2023-08-17
DISTRIBUTED.
2023-07-14
Petition for Rehearing filed.
2023-06-20
Petition DENIED.
2023-05-31
DISTRIBUTED for Conference of 6/15/2023.
2023-05-23
Waiver of right of respondent Craig Hughes to respond filed.
2023-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 9, 2023)

Attorneys

Cedric W. O'Neal
Cedric Winston O'Neal — Petitioner
Craig Hughes
Todd Dryden FergusonOffice of the Attorney General, Respondent