Moore v. Gwathney
SummaryOriginal

Summary

Moore & Click, sentenced to LWOP as juveniles, were resentenced to have a chance for parole in Alabama. They sue claiming the Alabama Board of Pardons and Paroles rules make release unlikely, violating their Eighth Amendment rights.

2023 | State Juristiction

Moore v. Gwathney

Keywords LWOP; juvenile life without parole; Eighth Amendment (U.S.); cruel and unusual punishment; meaningful opportunity for parole; juvenile resentencing

Abstract

Cayce Moore and Jimmy Click v. Leigh Gwathney et al. (2023) is a pending case in the Middle District of Alabama. Moore and Click, sentenced to life without parole (LWOP) for crimes committed as juveniles, were later resentenced to life with the possibility of parole. However, they argue the Alabama Board of Pardons and Paroles' practices violate the Eighth Amendment by making parole for juvenile LWOP offenders realistically unattainable. They seek a court order to ensure a meaningful opportunity for release.

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Abstract

Cayce Moore and Jimmy Click v. Leigh Gwathney et al. (2023) is a pending case in the Middle District of Alabama. Moore and Click, sentenced to life without parole (LWOP) for crimes committed as juveniles, were later resentenced to life with the possibility of parole. However, they argue the Alabama Board of Pardons and Paroles' practices violate the Eighth Amendment by making parole for juvenile LWOP offenders realistically unattainable. They seek a court order to ensure a meaningful opportunity for release.

Cayce Moore and Jimmy Click, the petitioners in this pending case before the United States District Court for the Middle District of Alabama, challenge the constitutionality of parole practices for juvenile offenders sentenced to life imprisonment. Initially sentenced to life without the possibility of parole (LWOP) for crimes committed as minors, Moore and Click were subsequently resentenced to life with the possibility of parole following a landmark Supreme Court decision. However, they contend that the Alabama Board of Pardons and Paroles' policies and practices effectively render parole an illusory remedy, thereby violating the Eighth Amendment's prohibition against cruel and unusual punishment. The petitioners seek declaratory and injunctive relief from the Court to ensure a meaningful opportunity for release.

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Abstract

Cayce Moore and Jimmy Click v. Leigh Gwathney et al. (2023) is a pending case in the Middle District of Alabama. Moore and Click, sentenced to life without parole (LWOP) for crimes committed as juveniles, were later resentenced to life with the possibility of parole. However, they argue the Alabama Board of Pardons and Paroles' practices violate the Eighth Amendment by making parole for juvenile LWOP offenders realistically unattainable. They seek a court order to ensure a meaningful opportunity for release.

This case, currently active in Alabama's Middle District court, involves Cayce Moore and Jimmy Click, who were originally given life sentences without parole for crimes they committed as minors. While they were later resentenced to life with the possibility of parole, Moore and Click argue that the Alabama Board of Pardons and Paroles makes it practically impossible for former juvenile offenders to be granted parole, violating their Eighth Amendment rights. They are requesting the court to enforce a system that provides them with a genuine chance at release.

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Abstract

Cayce Moore and Jimmy Click v. Leigh Gwathney et al. (2023) is a pending case in the Middle District of Alabama. Moore and Click, sentenced to life without parole (LWOP) for crimes committed as juveniles, were later resentenced to life with the possibility of parole. However, they argue the Alabama Board of Pardons and Paroles' practices violate the Eighth Amendment by making parole for juvenile LWOP offenders realistically unattainable. They seek a court order to ensure a meaningful opportunity for release.

Cayce Moore and Jimmy Click are suing Leigh Gwathney and others in an Alabama court. Moore and Click were originally given life sentences without parole (LWOP) for crimes they committed as teenagers. Later, a judge decided they could be eligible for parole. However, Moore and Click believe the Alabama Board of Pardons and Paroles makes it practically impossible for anyone who had a juvenile LWOP sentence to actually get parole, which they say is cruel and unusual punishment. They're asking the court to force the parole board to give them and others like them a fair shot at release.

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Abstract

Cayce Moore and Jimmy Click v. Leigh Gwathney et al. (2023) is a pending case in the Middle District of Alabama. Moore and Click, sentenced to life without parole (LWOP) for crimes committed as juveniles, were later resentenced to life with the possibility of parole. However, they argue the Alabama Board of Pardons and Paroles' practices violate the Eighth Amendment by making parole for juvenile LWOP offenders realistically unattainable. They seek a court order to ensure a meaningful opportunity for release.

Cayce Moore and Jimmy Click are two men who went to prison in Alabama when they were very young. They were originally given sentences of "life without parole," which meant they would never get out of prison. Later, a judge decided they deserved a chance at going free someday, so their sentences were changed to "life with the possibility of parole."

In this case, Moore and Click say the Alabama Board of Pardons and Paroles (the group that decides who gets to leave prison early) makes it almost impossible for anyone who had a "life without parole" sentence to actually get parole. They believe this is unfair and goes against their rights. Now, they're asking another judge to make sure everyone has a real chance to be released from prison if they deserve it.

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Footnotes and Citation

Cite

Moore v. Gwathney, No. 2:23-cv-00134 (M.D. Ala. filed Mar. 9, 2023)

Highlights