Sentencing Reform
State of Oregon v. Adrian Fernandez
This case asks if ORS 138.105(8)(a)(A)鈥攚hich removes an appellate court鈥檚 authority to review a 鈥渟entence that is within the presumptive sentence prescribed by the rules of the Oregon Criminal Justice Commission鈥濃攑recludes appellate review of a state constitutional challenge to a within-guidelines criminal sentence. The 红杏视频鈥檚 State Supreme Court Initiative, alongside the 红杏视频 of Oregon, filed an amicus brief in support of defendant Fernandez, who seeks to challenge his sentence under the Oregon Constitution鈥檚 proportionality guarantee. The amicus brief argues that interpreting the statute to preclude review of Fernandez鈥檚 challenge would raise grave constitutional concerns under Oregon鈥檚 separation of powers and privileges and immunities doctrines.
Status: Ongoing
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9 Sentencing Reform Cases

Nevada Supreme Court
Nov 2023
Sentencing Reform
Smart Justice
Cannabis Equity & Inclusion Community v. Nevada Board of Pharmacy
Nevadans, like voters in many states, have chosen to legalize marijuana for medicinal and recreational use. In Nevada, these changes鈥攁dopted through citizen ballot initiatives and, in the case of medical marijuana, enshrined in the Nevada Constitution鈥攚ere intended to ensure that marijuana is regulated much like alcohol and that law enforcement resources are focused on violent crime, not the prosecution of non-violent drug offenses. Despite these legal changes, Nevada鈥檚 Board of Pharmacy continues to regulate marijuana as a Schedule I controlled substance for purposes of state law, akin to the Board鈥檚 treatment of cocaine and fentanyl. The Board鈥檚 scheduling designation for marijuana has enormous implications for criminal defendants in Nevada since state law makes it a felony to possess or engage in certain other activity with respect to a Schedule I controlled substance, as designated by the Board.
This case, brought by an individual and organization harmed by the Board鈥檚 scheduling designation for marijuana, involves the question whether the designation violates the Nevada Constitution and state statutes. The 红杏视频 of Nevada is counsel in the case, and the 红杏视频鈥檚 State Supreme Court Initiative is co-counsel on appeal.
In August 2024, the Court held that Pool and CEIC lack standing to challenge marijuana's designation as a Schedule I substance but recognized that other individuals could appropriately do so in the future. The Court did not reach the merits in reversing the district court鈥檚 positive decision.
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Nevada Supreme Court
Nov 2023

Sentencing Reform
Smart Justice
Cannabis Equity & Inclusion Community v. Nevada Board of Pharmacy
Nevadans, like voters in many states, have chosen to legalize marijuana for medicinal and recreational use. In Nevada, these changes鈥攁dopted through citizen ballot initiatives and, in the case of medical marijuana, enshrined in the Nevada Constitution鈥攚ere intended to ensure that marijuana is regulated much like alcohol and that law enforcement resources are focused on violent crime, not the prosecution of non-violent drug offenses. Despite these legal changes, Nevada鈥檚 Board of Pharmacy continues to regulate marijuana as a Schedule I controlled substance for purposes of state law, akin to the Board鈥檚 treatment of cocaine and fentanyl. The Board鈥檚 scheduling designation for marijuana has enormous implications for criminal defendants in Nevada since state law makes it a felony to possess or engage in certain other activity with respect to a Schedule I controlled substance, as designated by the Board.
This case, brought by an individual and organization harmed by the Board鈥檚 scheduling designation for marijuana, involves the question whether the designation violates the Nevada Constitution and state statutes. The 红杏视频 of Nevada is counsel in the case, and the 红杏视频鈥檚 State Supreme Court Initiative is co-counsel on appeal.
In August 2024, the Court held that Pool and CEIC lack standing to challenge marijuana's designation as a Schedule I substance but recognized that other individuals could appropriately do so in the future. The Court did not reach the merits in reversing the district court鈥檚 positive decision.

South Carolina
Mar 2023
Sentencing Reform
Racial Justice
Brown v. Lexington County, et al
This case is part of a nationwide fight against criminalization of poverty and, specifically, debtors' prisons. On June 1, 2017, the 红杏视频's Racial Justice Program, the 红杏视频 of South Carolina, and Terrell Marshall Law Group PLLC filed a federal lawsuit challenging the illegal arrest and incarceration of indigent people in Lexington County, South Carolina, for failure to pay fines and fees, without determining willfulness or providing assistance to counsel. Those targeted by this long-standing practice could avoid jail only if they paid the entire amount of outstanding court fines and fees up front and in full. Indigent people who were unable to pay were incarcerated for weeks to months without ever seeing a judge, having a court hearing, or receiving help from a lawyer. The result was one of the most draconian debtors鈥 prisons uncovered by the 红杏视频 since 2010.
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South Carolina
Mar 2023

Sentencing Reform
Racial Justice
Brown v. Lexington County, et al
This case is part of a nationwide fight against criminalization of poverty and, specifically, debtors' prisons. On June 1, 2017, the 红杏视频's Racial Justice Program, the 红杏视频 of South Carolina, and Terrell Marshall Law Group PLLC filed a federal lawsuit challenging the illegal arrest and incarceration of indigent people in Lexington County, South Carolina, for failure to pay fines and fees, without determining willfulness or providing assistance to counsel. Those targeted by this long-standing practice could avoid jail only if they paid the entire amount of outstanding court fines and fees up front and in full. Indigent people who were unable to pay were incarcerated for weeks to months without ever seeing a judge, having a court hearing, or receiving help from a lawyer. The result was one of the most draconian debtors鈥 prisons uncovered by the 红杏视频 since 2010.

U.S. Supreme Court
Jan 2018
Sentencing Reform
Bobby Bostic v. Rhoda Pash
Does sentencing a juvenile offender who did not commit homicide to a term-of-years sentence under which he will not be eligible for parole until he is 112 years old violate the Eighth Amendment?
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U.S. Supreme Court
Jan 2018

Sentencing Reform
Bobby Bostic v. Rhoda Pash
Does sentencing a juvenile offender who did not commit homicide to a term-of-years sentence under which he will not be eligible for parole until he is 112 years old violate the Eighth Amendment?

Court Case
Mar 2015
Sentencing Reform
Thompson v. DeKalb County
On January 29, 2015, the 红杏视频 filed a federal lawsuit challenging debt collection practices that have resulted in the jailing of people simply because they are poor. The case was brought on behalf of Kevin Thompson, a black teenager in DeKalb County, Georgia, who was jailed because he could not afford to pay court fines and probation company fees stemming from a traffic ticket.
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Court Case
Mar 2015

Sentencing Reform
Thompson v. DeKalb County
On January 29, 2015, the 红杏视频 filed a federal lawsuit challenging debt collection practices that have resulted in the jailing of people simply because they are poor. The case was brought on behalf of Kevin Thompson, a black teenager in DeKalb County, Georgia, who was jailed because he could not afford to pay court fines and probation company fees stemming from a traffic ticket.