287 So.3d 905
Miss.2019Background
- On Jan. 7, 2015, Gerome Moore (a juvenile) drove two accomplices who robbed and shot Carolyn Temple; she later died from a .380 gunshot wound. Moore was charged with capital murder.
- Moore was interviewed by detectives on Jan. 13, 2015, waived a Miranda form, and confessed to participating in planning/executing the robbery.
- Moore moved to suppress the statement claiming the waiver and any waiver of the right to remain silent were not voluntary; the trial court denied suppression after a hearing.
- A jury convicted Moore of capital murder at a September 2016 trial; the court then held a Miller-style sentencing hearing and the judge sentenced Moore to life without parole.
- On appeal Moore challenged (1) denial of suppression, (2) ineffective assistance for not litigating a claimed invocation of silence, (3) denial of jury sentencing under Miss. Code § 99-19-101, and (4) denial of funds for mitigation expert.
- The Supreme Court of Mississippi affirmed the conviction, rejected plain-error review of the claimed invocation of silence, denied ineffective-assistance relief on the record, affirmed denial of funds, but vacated the sentence and remanded for jury sentencing under § 99-19-101.
Issues
| Issue | Plaintiff's Argument (Moore) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Admissibility of custodial statement / Miranda waiver | Waiver was involuntary due to detectives’ questioning, Moore’s age, mental state, and drug use; he also invoked his right to remain silent before confessing | Waiver was knowing, intelligent, voluntary; detectives’ clarifying questions did not transform Moore’s ambiguous responses into an invocation | Denial of suppression affirmed: waiver was voluntary/knowing; alleged invocation of silence was ambiguous and not plain error on appellate review |
| Ineffective assistance for failing to press invocation/suppression | Trial counsel was ineffective for not suppressing the statement on the ground Moore invoked his right to remain silent | Record is inadequate to demonstrate constitutionally deficient performance; issues better suited to PCR | Claim denied without prejudice to raise in post-conviction proceedings (record inadequate for direct-appeal relief) |
| Right to jury sentencing under Miss. Code § 99-19-101 | Moore argued he had a statutory right to be sentenced by the jury that convicted him (post-Miller juvenile capital defendant) | State argued § 99-19-101 applies only when death is sought; judge may sentence when parole is unavailable | Court held § 99-19-101 unambiguously requires a separate sentencing proceeding before the trial jury for all capital convictions; vacated judge-imposed life-without-parole and remanded for jury sentencing |
| Denial of funds for mitigation expert for Miller hearing | Moore sought funds for mitigation investigation/testing for sentencing | State argued trial court discretion and no required expert for Miller hearing | Denial of funds affirmed as not an abuse of discretion; court noted Moore may renew request at resentencing if counsel shows need |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory LWOP for juveniles unconstitutional; requires individualized sentencing)
- Miranda v. Arizona, 384 U.S. 436 (1966) (custodial interrogation warnings and waiver requirements)
- Roper v. Simmons, 543 U.S. 551 (2005) (death penalty barred for offenders under 18 at time of offense)
- Pham v. State, 716 So. 2d 1100 (Miss. 1998) (addressing whether judge may sentence when death not sought and parole unavailable)
- Jones v. State, 122 So. 3d 698 (Miss. 2013) (application of Miller procedures in Mississippi)
- Chamberlin v. State, 989 So. 2d 320 (Miss. 2008) (discussing invocation of right to remain silent/right to counsel and burdens at suppression)