Skip navigation
Prison Legal News
× You've used up your 3 free articles for this month. Subscribe today.

Oregon Federal Court: 8th and 14th Amendments Mandate Miller Hearing

Loaded on July 1, 2020 by Mark Wilson published in Prison Legal News July, 2020, page 56
Filed under: Juveniles, De Facto Life Sentence. Location: Oregon.

by Mark Wilson

An Oregon federal court held that a sentence that prohibits a juvenile offender’s possible release until he is 88 years old violates the Eighth Amendment and the Fourteenth Amendment’s Due Process Clause because it denies a “meaningful opportunity” for release.

The Eighth Amendment requires a state to ...

 

Full article and associated cases available to subscribers.

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

More from this issue:

  1. Mississippi Prisons in Crisis, by David Reutter
  2. Rappers Jay-Z and Yo Gatti Help Prisoners in Mississippi Sue State Over “Inhumane and Unconstitutional Conditions”, by Bill Barton
  3. From the Editor, by Paul Wright
  4. Florida’s Refusal to Release Prisoners During COVID-19 Resulting in Death Sentences, by David Reutter
  5. Prison Postcards: A Plea from Kentucky and Dispatches from Texas and Massachusetts, by Ken Silverstein
  6. Unlike U.S., Many Governments Releasing Large Numbers of Prisoners to Reduce Threat of COVID-19, by Matthew Clarke
  7. Status of the Pandemic Heading into Summer, by Michael D. Cohen, MD
  8. COVID-19 Pandemic Leads to Unrest in Prisons Around the Globe, by Matthew Clarke
  9. $1 Million Payout to Family of Man Who Died After Seizures in Montana Jail, by Kevin Bliss
  10. Florida Guards and Prisoners Fear COVID-19 Infection, by David Reutter
  11. COVID-19 and the Texas Department of Criminal Justice, by Edward Lyon
  12. The Popularity of YouTube Prison Lifestyle Videos, by Anthony Accurso
  13. Sixth Circuit Vacates Preliminary Injunction Regarding Elkton Prisoner Class Action, by Derek Gilna
  14. Man Sentenced to One Year For Shoplifting Dies In Prison During Pandemic, by Anthony Accurso
  15. L.A. County Sheriff Says Prisoners Intentionally Tried to Catch Coronavirus to Get Released, by Dale Chappell
  16. Secret BOP Document Raises Risk Factors, Security Levels of Prisoners
  17. New York District Court Judge Denies Preliminary Injunction Against MCC Brooklyn, by Derek Gilna
  18. Who’s in SHU? A Survey of Solitary Confinement, by Terry A Kupers
  19. Reports: COVID-19 More Prevalent Than Reported in Nation’s Prisons and Jails, by Kevin Bliss
  20. Warden Reassigned From COVID-19 Inundated Louisiana Federal Prison, by Matthew Clarke
  21. Sale of Clandestine Surveillance Equipment Available to the Government and “Select Clients”, by Kevin Bliss
  22. ACLU Files Lawsuit Against CoreCivic Prison in Arizona over COVID-19 Failures, by Dale Chappell
  23. Michigan Prisoner’s Whistleblowing on GED Test Cheating Survives Summary Judgment, by David Reutter
  24. U.S. Supreme Court Overturns Texas Federal Judge’s Order Granting COVID-19 Relief to Elderly Prisoners, by Matthew Clarke
  25. Alabama Should Release Elder Prisoners at Risk for COVID-19, by Edward Lyon
  26. $1.15 Million Settlement After South Carolina Prisoner’s Baby Born, Dies in Toilet, by Edward Lyon
  27. With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, by Christopher Zoukis
  28. 11th Circuit Rules Florida Prisoner Claiming Sexual Assault by Guard Can Proceed With Cruel and Unusual Punishment Claim, by David Reutter
  29. Lawsuit Over Conditions at BOP’s New York City Prison Continues as COVID-19 Spreads, by David Reutter
  30. Oklahoma Jail Sued for Mocking Prisoner as He Died, by Dale Chappell
  31. Interview: Alec Karakatsanis of the Civil Rights Corps on Money Bail and Debtors’ Prisons, by Ken Silverstein
  32. Orleans Parish Sheriff, Wellpath, Sued Over Louisiana Jail Prisoner’s Fatal Overdose, by Matthew Clarke
  33. Policy Change Leads to Gang Riot at Utah Prison, by Kevin Bliss
  34. Indiana Prisoner’s Suit Alleging Illegal Solitary Confinement Settled for $425,000, by Douglas Ankney
  35. Pennsylvania Judge Verdict: A Potential Death Sentence for Shoplifting Conviction, by Edward Lyon
  36. Maine Court Rules Prisoner’s Rights Violated by 22 Months in Segregation Without Meaningful Review but Awards No Damages, by Matthew Clarke
  37. New Jersey Jail Detainee Dies While Reportedly Begging for Water, by Douglas Ankney
  38. Report: JailCore Left Prisoners’ Data Unprotected Online, by Matthew Clarke
  39. NaphCare, Oregon Jail’s Private Healthcare Provider, Required to Disclose Records in Detox Death Suit, by Mark Wilson
  40. Federal Court Allows Lawsuit Over Sexual Assault of Female Connecticut Prisoner to Proceed, by Matthew Clarke
  41. Ninth Circuit Announces New Rule on Eighth Amendment Violation Due to Sexual Assault by Montana Prison Staffer, by Dale Chappell
  42. Ninth Circuit Reverses Summary Judgment in California Sexual Harassment Case, by David Reutter
  43. California Court of Appeal Upholds Dismissal of Challenge to Excessive Jail Phone Rates as Unconstitutional Tax, by Matthew Clarke
  44. Ex Post Facto Oregon Parole Postponement Claim Not Cognizable in §2254 Proceeding, by Mark Wilson
  45. High School Journalists Garner National Attention by Exposing School’s Use of Prisoner Labor, by Douglas Ankney
  46. Florida’s “Pay-to-Vote” System Struck Down, by David Reutter
  47. Sexual Assault of Colorado Prisoner Deemed Constitutional Violation; Her Case Can Proceed, by David Reutter
  48. Delaware Changes Prison Health Care Provider Due to Lawsuits Against Prior Contract Holder, by Jayson Hawkins
  49. Oregon Federal Court: 8th and 14th Amendments Mandate Miller Hearing, by Mark Wilson
  50. Texas Attorney General Finds GEO Documents Are Public Information, by Matthew Clarke
  51. Rhode Island Pays $380,419 to Settle Prison Guard Hiring Discrimination Suit, by Matthew Clarke
  52. HRDC Prevails in Censorship Suit Against Kentucky Prison System, Wins $104,711, by David Reutter
  53. Former Prisoners Shut Out of Coronavirus Loans, by Jayson Hawkins
  54. Connecticut City Settles Suit Over Prisoner’s Suicide for $1,393,000, by Matthew Clarke
  55. Former CoreCivic Nurse in Colorado Claims Sex Discrimination, Retaliation After Filing Complaint About Poor Medical Care, by Dale Chappell
  56. COVID-19 Changes the Face of Education in the Nation’s Prison Systems, by Kevin Bliss
  57. Florida Prisoners Win 3.9 Million in Media Credits in MP3 Player Lawsuit, by David Reutter
  58. Prisoners Replace New Orleans Sanitation Workers Striking for Coronavirus Hazard Pay, by Kevin Bliss
  59. News in Brief

More from Mark Wilson:

More from these topics: