Zoie H. v. Nebraska

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  • wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    paul clement is the attorney of record for this cert petition and there is an open split between multiple state supreme courts so i am hopeful
    Issue: Whether the Second and Sixth Amendments permit a state to deprive an individual of the Second Amendment right to keep and bear arms based on the commission of an offense while denying the accused a right to a jury trial for that offense.

    Petitioner Zoie H. was a juvenile who was charged with attempted theft of property worth over $5,000. Because she was a juvenile, under Nebraska law, she was not entitled to a jury trial. But that conviction resulted in a total deprivation of her right to keep and bear arms until the age of 25—six years beyond Nebraska’s age of majority. Her petition for certiorari argues that because the right to keep and bear arms is a fundamental right, the State cannot deprive her of it without the benefit of a jury trial, and by doing so, Nebraska violated her Second and Sixth Amendment rights.
    https://www.supremecourt.gov/DocketPDF/19/19-1418/146062/20200622135150326_Zoie H Petition PDFA.pdf
     

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