State v. Moore (Slip Opinion)
Ohio Supreme Court
1DissentKennedy, J.
{¶ 146} Because the court of appeals was without authority to consider the motion for delayed reconsideration and because Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), does not extend to a juvenile offender sentenced to consecutive, fixed prison terms for multiple nonhomicide offenses, I dissent. I would affirm the judgment of the court of appeals.
{¶ 147} While I agree with the majority’s statement of the facts and procedural history of this case, it is important to emphasize several dates and court decisions.
{¶ 148} Appellant, Brandon Moore, was convicted in 2002.…
2Cases cited27 opinions
- Teague v. LaneSupreme Court of the United States · 1989
- Miller v. AlabamaSupreme Court of the United States · 2012
- Roper v. SimmonsSupreme Court of the United States · 2005
- Graham v. FloridaSupreme Court of the United States · 2010
- State v. AdamsOhio Supreme Court · 1980
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