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Top court will hear appeal of teen's 112-year prison term



Published: Thu, April 24, 2014 @ 12:05 a.m.

By Peter H. Milliken

milliken@vindy.com

COLUMBUS

The Ohio Supreme Court has agreed to hear an appeal from a man who says his 112-year prison sentence for his role in an armed kidnapping, robbery and gang rape when he was 15 years old is unconstitutional.

Brandon Moore was tried as an adult and convicted by a jury in the August 2001 Detroit Avenue attack on a 21-year-old Boardman woman and drew the sentence in January 2008 from Judge R. Scott Krichbaum of Mahoning County Common Pleas Court.

Judge Krichbaum imposed that sentence at Moore’s second resentencing after appeals of previous sentences.

“It is the intention of this court that you should never be released from the penitentiary,” Judge Krichbaum told Moore in 2008.

In his appeal, Moore contends that a definite sentence that exceeds his life expectancy for crimes he committed as a juvenile violates the ban on cruel and unusual punishment contained in the 8th Amendment to the U.S. Constitution.

The appeal came to the state’s top court after a 2-1 decision of the 7th District Court of Appeals in December 2013, which left Moore’s sentence intact.

In his appeal, Moore cites the U.S. Supreme Court’s 2010 Graham v. Florida decision.

In that case, “The [U.S.] Supreme Court’s bar on sentencing nonhomicide juvenile offenders to die in prison is a categorical bar that applies irrespective of the particular crime at issue,” the appeal argues.

The appeal to the state’s top court was filed for Moore by Attys. Rachel S. Bloomekatz and Kimberly A. Jolson of the Jones-Day law firm in Columbus.

Bloomekatz and Jolson wrote that Moore’s prison term is the longest they know of for an Ohio juvenile offender.

“Defendant is essentially advocating that, no matter what cruel and heinous offenses that a juvenile commits, he should be rewarded with an opportunity for early release,” countered Ralph M. Rivera, an assistant Mahoning County prosecutor, in his request that the top court decline to hear the case.

“This case does not involve any substantial constitutional questions and is of no public interest,” Rivera wrote.

Judge Krichbaum also gave Moore’s co-defendants long prison terms: Chaz Bunch, 105 years; Andre Bundy, 18 years; and Jamar Callier, seven years.

The Moore case was one of only five appeals statewide that the Ohio Supreme Court accepted Wednesday for review. It refused to hear 74 other cases appealed to it.


Comments

1motherjones(26 comments)posted 3 months, 1 week ago

So he has been in jail for 13 years and is now 28 years old. Let him back out on the street to commit more crime. Who in their right mind thinks he would get out, get a job and be an upstanding citizen? If you do, have him move next door to you! Better yet, let him out so he can make welfare babies to continue the cycle.

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2Knightcap(684 comments)posted 3 months, 1 week ago

We need to give these kind of criminals and others like him a length of rope to hang themselves. Then hold a small vigil on a corner somewhere in da hood. We could save thousands by not housing these animals.

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3grazor50(55 comments)posted 3 months, 1 week ago

which way do you want it? At 15, the juvenile is tried as an adult, because the decision maker government says he did an adult crime, and the female that sent nude photos of herself at 17 is too young to make adult decisions, and the same government is going to make an example.
No wonder anything government is involved with never works,, " there is NO rhyme or reasoning in anything they come up with, it is just an opinion made by a few people and very little incorporation of laws they pass.

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4billdog1(941 comments)posted 3 months, 1 week ago

Armed kidnapping, robbery and gang rape, and he thinks his sentence is to sever. Hmmm, how about we let some of his fellow inmates do the same to him and see if he thinks they should be let off with a light sentence? These P'sOS amaze me. How about if somebody did it to his mother, sister, grandmother, wife, girlfriend, etc... I'm sure he would have a different attitude. No rot in your cell young man, and once dead they should put you in a cemetery on prison property to never leave that institution. Your nothing more than an animal that just don't deserve to ever walk free again.

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5enjolimoore(1 comment)posted 3 months, 1 week ago

Ppl.. Always base their OPINIONS on nothing they know about.... I feel that my brother.. Yes I said my brother... Should have NEVER been tried as an ADULT!!! Neither should he have been sentenced to 185 years!!! Nobody was MURDERED!! How many ppl are killed everyday in OUR BLACK NEIGHBORHOODS that you hear NOTHING about... Do I think my brother should serve time.? Yes! But to be tried as an ADULT at 15 years old??? No!!! And definitely not serve 185 years!!! Let's be REAL!!!

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