Friday’s Children and the Law News Roundup

Arkansas Inmate [Jackson] Whose Case Helped Prompt US High Court Juvenile Sentencing Ruling Gets New Hearing, The Washington Post

Kuntrell Jackson . . . was sentenced to life in prison when he was 14 after the shooting death of a store clerk during an attempted robbery in 1999.  The Arkansas Supreme Court on Thursday, April 25, 2013, ordered a new sentencing hearing for Jackson, whose case was one of two that led to a U.S. Supreme Court decision last year throwing out mandatory life sentences without parole for juveniles.

Felony Charges Filed in School Bomb Threats, The Cincinnati Enquirer

Last week’s spate of school bomb threats has led to felony charges for its young alleged perpetrators.  They have been charged with first-degree terroristic threatening, a Class C felony, Kenton County Attorney Garry Edmondson said Wednesday.

He wouldn’t speculate about what the accused hoaxers could receive as a sentence, if found guilty. “It’s juvenile court, which is different than what you’d normally see, but the consequences will be serious,” he said.

13 Corrections Officers Indicted in Maryland Accused of Aiding Gang’s Drug Scheme, The Washington Post

More than a dozen Maryland state prison guards helped a dangerous national gang operate a drug-trafficking and money-laundering scheme from behind bars that involved cash payments, sex and access to fancy cars, federal prosecutors said Tuesday.

Thirteen female corrections officers essentially handed over control of a Baltimore jail to gang leaders, prosecutors said. The officers were charged Tuesday in a federal racketeering indictment.

The indictment described a jailhouse seemingly out of control. Four corrections officers became pregnant by one inmate. Two of them got tattoos of the inmate’s first name, Tavon — one on her neck, the other on a wrist.

The guards allegedly helped leaders of the Black Guerilla Family run their criminal enterprise in jail by smuggling cellphones, prescription pills and other contraband in their underwear, shoes and hair. One gang leader allegedly used proceeds to buy luxury cars, including a Mercedes-Benz and a BMW, which he allowed some of the officers to drive.

“The inmates literally took over ‘the asylum,’ and the detention centers became safe havens for BGF,” said FBI Special Agent in Charge Stephen E. Vogt, using shorthand for the prison gang’s name.

Supreme Court Hears Oral Arguments in Cases Challenging Juvenile Life Sentences Without Chance of Parole

Today, the Supreme Court heard oral arguments in two cases challenging the constitutionality of sentencing minors convicted of murder to life in prison without a chance for parole. The two cases are Miller v. Alabama (Case No. 10-9646) and Jackson v. Hobbs (Case No. 10-9647).

SCOTUSblog has provided a comprehensive background and analysis of both cases:

The facts in these two cases are typically tragic: youths who lived in violent homes, suffering from low self-esteem, moral neglect and worse, who then turn a criminal opportunity — maybe clumsily planned — into a homicide.

Evan James Miller grew up in a poverty-stricken family in rural north-central Alabama, with a father so physically abusive that the boy tried six times to commit suicide — the first time when he was five years old. Beginning at age 8, he was treated from time to time for mental health problems. He and his siblings were removed from their home and put in foster care, when Evan was ten. After returning home, he became an active drug abuser.

In the summer of 2003, when he was 14, his family was living in the Country Life Trailer Court in what is known locally as the Five Points community, near the small town of Speake, Ala. Cole Cannon, 52, was a neighbor in the trailer park, and on the night of July 15, in a drunken state, he came to the Miller trailer looking for food. While he ate a plate of spaghetti, Evan and a visiting friend, 16-year-old Colby Smith, decided not to go to bed, but to go to Cannon’s trailer. They found a collection of baseball cards, and decided to sell them to get some money. Later on in the evening, Cannon, along with the boys, returned to the trailer. After drinking whiskey and smoking marijuana, a fight broke out, and Evan began hitting Cannon with a baseball bat, inflicting a serious head wound and breaking several ribs.

The boys took about $300 from Cannon’s wallet, and split it. They tried to clean up the blood around the trailer, and then decided to burn it. Thinking that the fire could be put out after they left, they turned on a faucet in a stopped-up sink and left. The fire burned on, and Cannon, severely enough injured that he could not get up from the floor, died in the fire, apparently of smoke inhalation. Evan was charged with two counts of murder, one count during an arson, and one count during a robbery. Colby made a deal to testify against Evan. Evan was tried as an adult, convicted of the charge of murder during an arson, and was given a mandatory prison sentence of life without parole. The defense lawyer failed to persuade the judge that the sentence was invalid under the Eighth Amendment. The Alabama Court of Appeals upheld the conviction and sentence.

In the Arkansas case, the youth is Kuntrell Jackson, of Blytheville. He grew up in housing projects there, the scenes of drug abuse and other crimes, and had a very troubled youth without his father and with an abusive father figure in his mother’s boyfriend. His mother and a brother were sent to prison. Kuntrell was often in trouble with the police, for shoplifting, auto theft and other crimes, and had served time in a juvenile detention center as a serious offender.

On November 18, 1999, 14 days after his 14th birthday, he and two older youths, Derrick Shields and Travis Booker, decided to rob a local video store, Movie Magic. The two other boys, older than Kuntrell, went in first. He would later say that his role was to be the lookout, but, he too, entered the store. The boys demanded money from the store clerk, Laurie Troup. She refused, and said she was going to call the police, so one of the boys who had brought a shotgun shot her in the face, killing her. Kuntrell would later claim that Shields had been the shooter. The three fled the scene without taking any money.

Arrested months later, the boys admitted the crime. Kuntrell sought to be tried in juvenile court, but that was refused mainly because of his prior criminal record. He was convicted of capital murder and aggravated robbery, and sentenced to a mandatory life-without-parole term. Later, in 2008, after the Supreme Court had decided Roper v. Simmons, ruling out the death penalty for minors who committed murder as minors, Kuntrell’s lawyers began a constitutional challenge to his sentence. The state Supreme Court upheld the sentence, concluding that the Supreme Court’s more recent decision in Graham v. Florida had drawn a clear constitutional line between homicide and non-homicide crimes for purposes of a life-without-parole sentence for a minor.

Transcripts in the Miller and Jackson cases were made available by the Supreme Court today. Audio is expected Friday at the Court’s website.

Argument Recaps: Lyle Denniston at SCOTUSblog has written a thoughtful and comprehensive recap of the ninety combined minutes of oral arguments. Another brief recap can be found at the Huffington Post.

Additional information, court filings, and media coverage are available below:

Briefs for the Petitioners:

List of Amicus briefs filed:

Media Coverage (special thanks to NJDC for compiling):

UPDATE (24 Mar 2012): Audio files of oral arguments are now online at the Supreme Court’s website: Alabama v. Miller; Jackson v. Hobbs.