Amicus Request(s) Approved at the April 10, 2018 Committee Meeting

  • Commonwealth v. Carter, SJC-12502 -The Supreme Judicial Court (SJC) granted direct appellate review.  The amicus brief will address two issues:  1) the reach of the youthful offender statue, in particular the legal definition of “infliction of bodily harm.”  When juveniles are adjudicated as youthful offenders, the Juvenile Court can sentence those children to adult sentences; and 2) that Carter’s actions should have been judged under a juvenile specific manslaughter standard, and that the trial judge should have permitted expert testimony about adolescent brain development.
  • Commonwealth v. Perez, SJC-12498 -This case occurred prior to the Miller and Diatechenko decisions (juvenile life without parole cases).  The amicus brief would address two primary issues:  1) offer a clear explanation of the purpose of a Miller hearing and 2) describe what we think a constitutionally adequate Miller hearing looks like.