Merit Brief of Amicus Curiae, the Office of the Ohio Public Defender, in Support of Appellant Brandon Moore
Ralph M. Rivera
Rachel S. Bloomekatz
Kimberly A. Jolson
Stephen P. Hardwick
SimpleOriginal

Summary

The Eighth Amendment prohibits sentencing a juvenile non-homicide offender to consecutive term-of-years sentences that preclude a meaningful opportunity for release.

2014 | State Juristiction

Merit Brief of Amicus Curiae, the Office of the Ohio Public Defender, in Support of Appellant Brandon Moore

Keywords meaningful opportunity for release; cruel and unusual; nonhomicide offense; terms-of-years sentence; Graham; Eighth Amendment (U.S.); juvenile nonhomicide offender
image

Summary of Argument

Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), is about the meaningful opportunity for release. It is not merely about the label, "life without parole." Under Graham, children who do not kill are entitled to a "meaningfulopportunity to obtain release[.]" Id. at 75. And the sentence imposed in this case, whichguarantees that Brandon Moore will stay in prison for 92 years, provides no opportunity for release, meaningful or otherwise.

Open Amicus Brief as PDF

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.

Open Amicus Brief as PDF

Summary of Argument

The Supreme Court case Graham v. Florida (2010) establishes that a sentence of life without parole for non-homicidal offenses for juveniles must provide a "meaningful opportunity for release." This means that the sentence cannot guarantee the individual will remain imprisoned for their entire life. In the case of Brandon Moore, his sentence guarantees 92 years of incarceration, effectively denying him any realistic opportunity for release, violating the principles outlined in Graham v. Florida.

Open Amicus Brief as PDF

Summary of Argument

The Supreme Court case Graham v. Florida (2010) deals with the idea of "meaningful opportunity for release," which means having a real chance to get out of prison. The case focused on the fact that simply calling a sentence "life without parole" doesn't mean a person will never be released.

Graham stated that young offenders who didn't commit murder had the right to a chance to get out of prison. However, Brandon Moore's sentence guarantees he'll stay in prison for 92 years, providing absolutely no chance for release.

Open Amicus Brief as PDF

Summary of Argument

The Graham v. Florida case is about giving people a chance to get out of prison. It's not just about saying someone will be in prison forever. In this case, Graham, the court said that kids who didn't kill someone should have a chance to get out of prison someday. Brandon Moore was sentenced to 92 years in prison, which means he has no chance to get out, and that's not fair.

Open Amicus Brief as PDF

Footnotes and Citation

Cite

Brief of Amicus Curiae, the Office of the Ohio Public Defender, in Support of Appellant Brandon Moore. State of Ohio v, Brandon Moore, No. 2014-120 (Ohio July 14, 2014).

    Highlights