Jones v. State

122 So. 3d 698, 2013 WL 3756564, 2013 Miss. LEXIS 372
CourtMississippi Supreme Court
DecidedJuly 18, 2013
DocketNo. 2009-CT-02033-SCT
StatusPublished
Cited by74 cases

This text of 122 So. 3d 698 (Jones v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. State, 122 So. 3d 698, 2013 WL 3756564, 2013 Miss. LEXIS 372 (Mich. 2013).

Opinions

RANDOLPH, Presiding Justice,

for the Court:

¶ 1. Brett Jones was convicted of murder for stabbing his grandfather to death. In accordance with Mississippi Code Section 97-8-21, the trial judge sentenced Jones to life imprisonment. Miss. Code Ann. § 97-3-21 (Rev.2006) (“Every person who shall be convicted of murder shall be sentenced by the court to imprisonment for life in the State Penitentiary.”).1 Jones’s conviction and sentence were affirmed by the Court of Appeals. Jones v. State (“Jones /”), 938 So.2d 312 (Miss.Ct.App.2006).

¶ 2. This Court granted Jones leave to seek post-conviction relief in the Circuit Court of Lee County. In his petition for post-conviction relief before the circuit court, Jones argued, inter alia, that, because he was fifteen years old at the time of the murder, his life sentence violated the Eighth Amendment’s prohibition against cruel and unusual punishment. The circuit court denied Jones’s motion for post-conviction relief, and the Court of Appeals affirmed that judgment. Jones v. State (“Jones II ”), 122 So.3d 725 (Miss.Ct.App.2011), reh’g denied (Apr. 3, 2012).

¶ 3. Jones then petitioned this Court for writ of certiorari, noting that two cases were pending before the United States Supreme Court which raised the issue of whether the Eighth Amendment forbids a sentence of life without parole for juveniles convicted of homicide. On June 25, 2012, [700]*700the Supreme Court decided Miller v. Alabama (and the companion case Jackson v. Hobbs), — U.S. -, 132 S.Ct. 2455, 188 L.Ed.2d 407 (2012). This Court granted Jones’s petition for writ of certiorari and ordered supplemental briefing regarding the application of Miller. We have limited our review to that issue.

ANALYSIS

¶ 4. Where an appeal raises a question of law, the applicable standard of review is de novo. Lambert v. State, 941 So.2d 804, 807 (Miss.2006) (citing Brown v. State, 731 So.2d 595, 598 (Miss.1999)).

¶ 5. In Miller, the United States Supreme Court held “that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without the possibility of parole for juvenile offenders.” Miller, 132 S.Ct. at 2469 (emphasis added). The Court declined to impose a categorical bar on sentences of life without parole for juveniles, but “require[d] [the sentencing authority] to take into account how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison.” Id. The Miller Court identified multiple juvenile characteristics and circumstances which may exist that are precluded from consideration by a mandatory sentencing scheme:

Mandatory life without parole for a juvenile precludes consideration of his chronological age and its hallmark features — among them, immaturity, impetuosity, and failure to appreciate risks and consequences. It prevents taking into account the family and home environment that surrounds him — and from which he cannot usually extricate himself — no matter how brutal or dysfune-tional. It neglects the circumstances of the homicide offense, including the extent of his participation in the conduct and the way familial and peer pressures may have affected him. Indeed, it ignores that he might have been charged and convicted of a lesser offense if not for incompetencies associated with youth — for example, his inability to deal with police officers or prosecutors (including on a plea agreement) or his incapacity to assist his own attorneys. See, e.g., Graham v. Florida, 560 U.S. 48,130 S.Ct. 2011, 176 L.Ed.2d 825 (“[T]he features that distinguish juveniles from adults also put them at a significant disadvantage in criminal proceedings”); J.D.B. v. North Carolina, 564 U.S. -, -, 131 S.Ct. 2394, 2400-2401, 180 L.Ed.2d 310 (2011) (discussing children’s responses to interrogation). And finally, this mandatory punishment disregards the possibility of rehabilitation even when the circumstances most suggest it.

Id. at 2468.

¶ 6. We recently addressed Miller in Parker v. State, 119 So.3d 987 (Miss.2013) (mandate not issued). Like Jones, fifteen-year-old Parker was convicted for the murder of his grandfather and sentenced to life imprisonment. Id. at 996. Preliminarily, we found that “[p]rior to Miller, our trial courts were not required to hold an individualized sentencing hearing for juveniles before imposing a life sentence.” Id. at 995. Thus, Miller imposed a new obligation with which this State must comport.2 Id. We held that, although “murder does not carry a specific sentence of life without parole,” the State’s parole statute, [701]*701Section 47-7-3(l)(h),3 rendered Parker’s life sentence “tantamount to life without parole.” Id. Therefore, our sentencing and parole scheme “contravenefd] the dictates of Miller” as it made Parker ineligible for parole absent consideration of his youth by the sentencing authority. Id. We vacated Parker’s sentence and remanded his case to the circuit court for a new sentencing hearing.4 Id. at 997.

¶7. Parker was pending before this Court on direct appeal when Miller was announced. The United States Supreme Court has stated, “[w]hen a decision of this Court results in a ‘new rule,’ that rule applies to all criminal cases still pending on direct review.” Schriro v. Summerlin, 542 U.S. 348, 351, 124 S.Ct. 2519, 159 L.Ed.2d 442 (2004) (quoting Griffith v. Kentucky, 479 U.S. 314, 328, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987)). After determining that Miller imposed a new obligation, there was little question as to whether that obligation should apply if this Court found that Parker had received a mandatory sentence of life without parole. In contrast, Jones’s conviction and sentence became final in 2006, more than five years before Miller. Jones is before this Court on collateral review. Thus, the issue presented today is whether Miller applies to cases which already have become final. Stated differently, we must determine if Miller applies retroactively to cases on collateral review.

I.

¶ 8. In Teague, a plurality decision, the United States Supreme Court held that, “[u]nless they fall within an exception to the general rule, new constitutional rules of criminal procedure will not be applicable to those cases which have become final before the new rules are announced.” Teague v. Lane, 489 U.S. 288, 310, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989). The Teague Court identified two exceptions to the general bar against ret-roactivity. The Court stated,

First, a new rule should be applied retroactively if it places certain kinds of primary, private individual conduct beyond the power of the criminal lawmaking authority to proscribe. Second, a new rule should be applied retroactively if it requires the observance of those procedures that ... are implicit in the concept of ordered liberty.

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Cite This Page — Counsel Stack

Bluebook (online)
122 So. 3d 698, 2013 WL 3756564, 2013 Miss. LEXIS 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-miss-2013.