Brief of Amicus Curiae Ohio Prosecuting Attorney Association in Support of Appellee State of Ohio
Ron O'Brien
Seth L. Gilbert
Paul J. Gaines
Ralph M. Rivera
Rachel S. Bloomekatz
SummaryOriginal

Summary

The Eighth Amendment does not prohibit courts from sentencing juveniles to lengthy cumulative sentences for multiple nonhomicide offenses, even when the cumulative sentence may exceed life expectancy.

2014 | State Juristiction

Brief of Amicus Curiae Ohio Prosecuting Attorney Association in Support of Appellee State of Ohio

Keywords terms-of-years sentence; de facto life sentence; nonhomicide offense; Miller; Graham; meaningful opportunity for release; Eighth Amendment (U.S.)
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Summary of Argument

In Graham v. Florida, 560 U.S. 48 (2010), the United States Supreme Court held that the Eighth Amendment prohibits a trial court from sentencing a juvenile offender to life without parole for a single nonhomicide offense. Defendant Brandon Moore was not sentenced to life without parole for any nonhomicide offense. Instead, he was convicted of numerous offenses, and for each offense the trial court imposed a prison term of a specific length within the applicable statutory range and ordered that they be served consecutively, for a total of 112 years.

Yes, Moore's cumulative prison sentence is lengthy. And yes, he may die in prison (or maybe not-he will be eligible for judicial release when he is 92 years old, Appellee's Brief, 23, n. 2). But that is only because the sheer number of Moore's crimes justifies this punishment. It is hardly "cruel and unusual" to require an offender to serve a separate sentence for each crime he or she commits. Even with juveniles, the commission of more crimes justifies more punishment.

Moore and his amici, however, argue that his cumulative sentence is unconstitutionalunder Graham because it is the "functional equivalent" to a life sentence. But comparing a life- without-parole sentence for a single offense to a cumulative sentence for mu.ltiple offenses is not an apples-to-apples comparison. It is more like comparing a single apple to a bushel of them, and the Eighth Amendment does not allow such. apple-to-apples comparisons. As this Court heldin State v. Hairston, 118 Ohio St.3d 289, 2008-Ohio-2338, the focus under the Eighth Amendment is on the individual sentence for each offense, not the cumulative sentence formultiple offenses. Consistent with this offense-specific approach, Graham established a categorical rule that banned a specific type of sentence: Life without parole for a single nonhomicide offense. The distinction between life without parole for a single nonhomicide offense and a lengthy cumulative sentence for several narihomicide offenses is about much more than the label given to the sentence-it is about recognizing the difference between the sentence imposed for a single offense and the cumulative sentence imposed for multiple offenses.

Extending Graham to cumulative sentences for multiple offenses would not only run afoul of basic Eighth Amendment doctrine as expressed in Hairston, but it would also create an unworkable rule. Trial courts would have to become quasi-actuaries. Plus, neither Moore nor his amici offer any standards as to where the line would be separating a constitutional cumulative sentence from an unconstitutional one. And because life expectancy depends on any number of

factors, what counts as a permissible cumulative sentence will depend on the specific facts of each case, thus defeating the whole point of Graham's categorical rule. But perhaps most importantly, a cumulative-sentence approach would turn proportionality review upside down, because in certain cases the more crimes an offender commits, the less he or she can be punished on each offense.

The Court in Graham and other cases has exhaustively documented the differences between juvenile and adults. It is because of these differences that juveniles benefit from several categorical prohibitions on specific types of sentences. But proportionality under the Eighth Amendment cuts both ways: While the Eighth Amendment prohibits imposing a disproportionate sentence for any offense, it does not prohibit imposing a proportionate sentence for every offense.

Finally, there are jurisdictional and error-preservation issues lurking in this case that may justify dismissing it as improvidently granted. But if this Court does choose to address the merits of Moore's Eighth Amendment claim, the Seventh District should be affirmed.

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Summary of Argument

In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits life sentences without parole for juveniles who commit non-homicide offenses. This case involves a juvenile offender, Brandon Moore, who received a lengthy cumulative sentence for multiple offenses. Although Moore's sentence is substantial, it is argued that it is not unconstitutional under Graham because it is not a life sentence without parole for a single offense. This argument draws upon the principle established in State v. Hairston, which emphasizes that the Eighth Amendment focuses on the individual sentence for each offense rather than the cumulative sentence for multiple offenses.

Extending Graham to cover cumulative sentences for multiple offenses would create an unworkable standard, forcing courts to calculate the likelihood of an offender's death in prison. It would also contradict the principle of proportionality under the Eighth Amendment, potentially leading to a situation where the more crimes an offender commits, the less punishment they receive for each individual offense.

The Eighth Amendment prohibits disproportionate sentencing for any offense, but it does not prevent proportionate sentencing for multiple offenses. While juveniles deserve specific sentencing protections due to their developmental differences from adults, proportionality under the Eighth Amendment applies to both juvenile and adult offenders.

This case may present jurisdictional and error-preservation issues that could lead to its dismissal. However, if the Court addresses the merits of Moore's Eighth Amendment claim, the Seventh District's decision should be upheld.

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Summary of Argument

In the case of Graham v. Florida, the Supreme Court ruled that the Eighth Amendment prohibits sentencing juveniles to life without parole for non-homicide offenses. However, the case of State v. Moore presents a different scenario. While Moore received a lengthy cumulative sentence (112 years) for multiple offenses, he was not sentenced to life without parole for any single non-homicide offense.

Moore's argument that his cumulative sentence is unconstitutional under Graham because it is functionally equivalent to a life sentence is flawed. A direct comparison between a life without parole sentence for a single offense and a cumulative sentence for multiple offenses is inappropriate. The Eighth Amendment focuses on the individual sentence for each offense, not the total cumulative sentence. Extending Graham to encompass cumulative sentences would create a complex and unworkable legal standard.

While the Eighth Amendment prohibits disproportionate sentences, it does not prevent proportionate punishment for multiple offenses. The Graham decision recognized the unique characteristics of juvenile offenders and established categorical protections against certain types of sentences. However, proportionality principles apply equally to both adults and juveniles. The Eighth Amendment does not limit the ability to impose a proportionate sentence for each crime committed, even if the cumulative effect is significant.

The case of State v. Moore may also present jurisdictional and error-preservation issues that could warrant dismissal.

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Summary of Argument

The case of Graham v. Florida (2010) held that the Eighth Amendment prevents sentencing juveniles to life in prison without the chance of parole for a single non-homicide crime. The current case involves a juvenile, Brandon Moore, who was convicted of multiple offenses and sentenced to a total of 112 years.

Moore argues that his cumulative sentence is unconstitutional under Graham because it is the "functional equivalent" to a life sentence. However, comparing a life-without-parole sentence for a single offense to a cumulative sentence for multiple offenses is not a valid comparison. The Eighth Amendment focuses on the sentence for each individual offense, not the total sentence for all offenses.

Extending the Graham rule to cumulative sentences for multiple offenses would create a difficult-to-apply rule. Trial courts would have to predict the future and determine how long a person might live to decide if a cumulative sentence is excessive. It would also create a contradictory system where more offenses result in less punishment per crime.

While the Eighth Amendment protects against disproportionate punishment, it does not prevent proportionate punishment for every offense. The differences between juveniles and adults are recognized by the law, but this does not mean that juveniles cannot be punished proportionately for their crimes.

There may be legal and procedural issues that could lead to the dismissal of Moore's case. But if the Court considers the merits of Moore's claim, the Seventh District's decision should be upheld.

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Summary of Argument

This case is about Brandon Moore, who was convicted of many crimes and given a long prison sentence. The court sentenced Moore to a total of 112 years in prison. He may die in prison, but that's because he committed a lot of crimes. It's not "cruel and unusual" to punish someone for each crime they commit, even if they're young.

A court case called Graham said that a young person can't be sentenced to life in prison without the chance of parole for just one crime that wasn't murder. Moore's case is different because he was convicted of many crimes, not just one. It's not fair to compare a life sentence for one crime to a long sentence for many crimes. It's like comparing one apple to a whole basket of apples.

Making a new rule that says you can't give a long sentence for many crimes would be confusing. Courts would have to figure out how long is too long, and that would be different for each person.

It's true that young people are different from adults. That's why there are special rules for sentencing young people. But the Eighth Amendment (which protects us from unfair punishments) also says that sentences should be fair for the crimes committed.

The court should say that Moore's sentence is fair because he committed many crimes.

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Footnotes and Citation

Cite

Brief of Amicus Curiae Ohio Prosecuting Attorney Association in Support of Appellee State of Ohio, State v. Moore, No. 2014-0120 (Ohio Sept. 2, 2014).

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