State v. Moore

Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Defendant-Appellant.

Brief filed: 07/14/2014

Documents

State v. Moore

Supreme Court of Ohio; Case No. 2014-0120

Prior Decision

On appeal from the Mahoning County Court of Appeals Seventh Appellate District, Case No. 08MA20.

Argument(s)

The Eighth Amendment prohibits sentencing a juvenile to a term-of-years sentence that precludes any possibility of release during the juvenile’s life expectancy. The Supreme Court and this Court have repeatedly held that children, because they are categorically less culpable than adults, must be subject to categorically less severe sentences than adults. This Court should consider, pursuant to Article I, Section 9 of the Ohio Constitution, articulating more fully how Ohio courts must treat youths differently than adults at sentencing.

Author(s)

Candace C. Crouse, Pinales Stachler Young Burrell & Crouse, Co., LPA, Cincinnati, OH.