Jones v. State
2013 Miss. LEXIS 372
| Miss. | 2013Background
- Jones, age 15 at time of grandfather's murder, was convicted of murder and sentenced to life imprisonment under Miss. Code Ann. § 97-3-21.
- Mississippi Court of Appeals affirmed Jones's conviction and sentence.
- Jones sought post-conviction relief asserting Miller v. Alabama requires individualized consideration for juveniles.
- Circuit Court denied relief; Court of Appeals affirmed. Jones II, 122 So.3d 725 (Miss.Ct.App.2011).
- Miller v. Alabama held mandatory life without parole for juveniles is unconstitutional; matter involves retroactivity on collateral review.
- This Court must determine whether Miller applies retroactively to cases final before Miller and related Parker decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miller creates retroactive rule for collateral review | Jones seeks retroactive application of Miller | State argues Miller may have limited retroactivity | Miller applies retroactively to collateral review |
| Whether Mississippi's parole/statutory framework violates Miller as applied to juveniles | Miller considerations require individualized sentencing; § 47-7-3(l)(h) may be unconstitutional as applied | Statutes should be interpreted to allow Miller considerations without abolishing parole framework | Rule that Miller applies to juveniles; remand for new sentencing consistent with Parker |
| What remedy is appropriate after Miller retroactivity | Jones should receive relief by re-sentencing under Parker guidance | Remand could overstep legislative framework over parole | Sentence vacated; remanded for resentencing consistent with Parker; not automatic parole eligibility |
| Does Parker control scope of Miller's application vs. dissent's approach | Parker requires considering Miller characteristics at sentencing | Bear Cloud approach may be preferable to avoid broad constitutional ruling | Miller/new rule applied; remand per Parker framework |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (holds mandatory life without parole for juveniles violates Eighth Amendment)
- Parker v. State, 119 So.3d 987 (Miss. 2013) (requires Miller considerations; remand for new sentencing if necessary)
- Teague v. Lane, 489 U.S. 288 (1989) (new rules generally not retroactive on collateral review; limited exceptions)
- Summerlin, 542 U.S. 348 (2004) (substantive rule interpretation; retroactivity of certain rules)
- Bear Cloud v. Wyoming, 294 P.3d 36 (Wyo. 2013) (approach to Miller under statute; leave sentencing statute undisturbed; unconstitutional parole acting as applied to juveniles)
- Teague v. Lane (second cite), 489 U.S. 288 (1989) (retroactivity framework cited in Mississippi)