125 So. 3d 87
Miss. Ct. App.2013Background
- Edward D. Flowers pleaded guilty to armed robbery on July 29, 1999, in Washington County Circuit Court and was sentenced to 20 years with five years suspended.
- Flowers filed multiple post-conviction relief (PCR) motions; earlier denials were affirmed in prior appeals (Flowers I and Flowers II).
- On June 20, 2012, the trial court dismissed another successive PCR motion; Flowers appealed that dismissal.
- Flowers raised, among other claims, that Graham v. Florida applies because he was a juvenile at the time of the offense, and that his case should have been transferred to youth court.
- The trial court dismissed the June 20, 2012 PCR motion as successive; the appellate court reviewed legal issues de novo and factual findings for clear error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of Graham (Eighth Amendment juvenile sentencing) | Graham applies because Flowers was a juvenile when he committed the offense; therefore his sentence is unconstitutional | Graham only prohibits life without parole for juveniles convicted of nonhomicide offenses; Flowers did not receive life without parole | Graham inapplicable; claim without merit |
| Transfer to youth court | Trial court abused discretion by not transferring the case to youth court | Transfer argument is barred as a successive-writ claim and was previously rejected on appeal | Court declined to address under successive-writ bar; claim previously found without merit |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (life without parole for nonhomicide juvenile offenders violates the Eighth Amendment)
- Flowers v. State, 805 So.2d 654 (Miss. Ct. App. 2002) (prior appeal addressing similar claims)
- Flowers v. State, 978 So.2d 1281 (Miss. Ct. App. 2008) (affirming dismissal of a subsequent PCR motion)
- Hughes v. State, 106 So.3d 836 (Miss. Ct. App. 2012) (standard of review for PCR denials)