Summary
In Graham v. Florida, the Supreme Court established that a sentence of life without the possibility of parole for a non-homicidal offense violates the Eighth Amendment's prohibition against cruel and unusual punishment. The Court reasoned that such a sentence denies the offender a "meaningful opportunity for release," which is essential for a sentence to be considered constitutionally permissible. In the context of Graham, a sentence labeled "life without parole" is not sufficient to satisfy the Eighth Amendment; the sentence must actually afford a realistic possibility of release.
This principle is particularly relevant in the case of Brandon Moore, who received a sentence that guarantees his incarceration for 92 years. This sentence effectively eliminates any chance of release, thus failing to meet the standard set forth in Graham. Because Moore's sentence does not provide a "meaningful opportunity for release," it constitutes a violation of the Eighth Amendment and should be considered unconstitutional.