Summary
The Supreme Court of Georgia held that a 17-year-old juvenile convicted of felony murder could be sentenced to life without parole (LWOP) where the trial court made a specific finding of irreparable corruption, and that OCGA § 17-10-16 does not prohibit LWOP for juveniles because murder is an offense for which the death penalty may be imposed under Georgia law. The court also rejected claims of ineffective assistance of counsel, finding no prejudice from counsel's failure to introduce gunshot residue and fingerprint reports, and that counsel was not deficient for failing to demur to an aggravated battery count alleging the abdomen as a "member" of the body. The case addresses juvenile sentencing under *Miller v. Alabama*, the definition of "member" in aggravated battery, and the interplay between state sentencing statutes and Eighth Amendment constraints.
Topics
Practice areas
Questions Presented
- Whether Moss's trial counsel provided constitutionally ineffective assistance by failing to present gunshot residue and fingerprint evidence and by failing to demur to the aggravated battery count.
- Whether the trial court erred in sentencing Moss, a 17-year-old juvenile, to life without parole for murder.
Holdings
- Moss failed to show prejudice on the GSR/fingerprint claim and failed to show deficiency on the demurrer claim; thus, ineffective assistance was not established.
- Yes, the trial court made the required determination of irreparable corruption, and OCGA § 17-10-16(a) does not prohibit LWOP for juveniles.
Key quotations
“Only a Divine Judge could look into a person and determine that he is permanently and irretrievably corrupt; that he has reached a state from which there is no return, no hope of redemption, no hope of any restoration.” (at 20)
“In Miller, the [United States] Supreme Court held that 'mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s prohibition on cruel and unusual punishments.'” (at 17)
Factual background
Jermontae Moss, a 17-year-old, shot and killed Jose Marin during an attempted robbery at Marin's store. Moss was arrested shortly after with a .45-caliber pistol that was the murder weapon. The night before, Moss had committed a similar robbery and shooting of another victim. Moss was convicted of felony murder, firearm possession, and theft by receiving.
Procedural history
Moss was convicted of felony murder, possession of a firearm during commission of a crime, and theft by receiving. He was originally sentenced to life without parole (LWOP) for felony murder. He filed a motion for new trial, which was amended. The trial court denied the motion but resentenced Moss to LWOP for felony murder predicated on aggravated battery. Moss appealed.