Leone v. State

SHEPARD, Chief Justice.

Jeff Leone had been banned from his ex-wife's trailer, but he went in anyway, and discovered her thirteen-year-old daughter inside. He took the daughter to his camper where he killed her, had intercourse with her corpse, and discarded her body on the property behind a shed.

The sentence for this murder was life in prison without parole, based on two statutory aggravating circumstances, torture and intentional killing while attempting or committing child molestation. Leone argues correctly that the evidence does not establish torture, which is something done to a live…