392 P.3d 408
Wyo.2017Background
- In 1992 Kenneth Nicodemus (age 18) pled guilty to two counts of first-degree murder and one count of larceny for killing Gary and Sue Weiss and stealing property; he was sentenced to two consecutive life terms and an additional 8–10 years.
- He filed a pro se motion for sentence reduction in 1992 (denied), and in 2014 filed a Rule 35 motion claiming his life sentences were effectively life without parole and unconstitutional under federal and Wyoming prohibitions on cruel or unusual punishment.
- Nicodemus argued (1) Miller v. Alabama’s protections for juvenile homicide offenders should apply because Wyoming’s age of majority was 19 in 1992, and (2) the Wyoming Constitution provides broader protection than the Eighth Amendment, barring life-without-parole for those defined as juveniles by state law.
- The State argued res judicata barred belated state-law challenges that could have been raised earlier and that federal Miller protections apply only to those under 18.
- The district court denied the Rule 35 motion; the Wyoming Supreme Court reviewed de novo whether res judicata applied and whether the sentence was illegal or unconstitutional.
Issues
| Issue | Nicodemus' Argument | State's Argument | Held |
|---|---|---|---|
| Whether Miller’s Eighth Amendment requirement applies to Nicodemus | Miller’s individualized-sentencing protections apply because Wyoming’s 1992 age-of-majority (19) made him a juvenile | Miller protections apply only to persons under 18 at the time of the offense | Miller protections extend only to offenders under 18; Nicodemus (18) is not entitled to Miller relief |
| Whether state-law age-of-majority (19 in 1992) makes Nicodemus a juvenile for sentencing | Wyoming’s 1992 statutory age of majority (19) means Nicodemus was a juvenile and thus protected | For criminal culpability, Wyoming law treated 18-year-olds as adults for first-degree murder; statutes and later legislation reflect 18 as cutoff | The court holds Wyoming treated 18-year-olds as adults for murder; the 1992 age-of-majority statute did not alter criminal culpability |
| Whether Wyoming Constitution (art. I, §14, read with §15 and §16) offers broader protection than federal Eighth Amendment such that life-without-parole for an 18-year-old is cruel or unusual | Wyoming’s penal-code framing on reformation/ prevention bars life-without-parole for those the state deems juveniles; thus Nicodemus’ sentence is unconstitutional under state law | State contends prior remedies available and that Wyoming precedent permits life sentences and recognizes other sentencing objectives (retribution, deterrence, incapacitation) | Court rejects Nicodemus’ state-constitution claim: historical and precedent support that §15 does not preclude life sentences; Nicodemus failed to prove the 1992 statute unconstitutional |
| Whether res judicata bars Nicodemus’ claim | (implicit) he could not have litigated Miller earlier because Miller was decided in 2012 | Res judicata bars issues that could have been raised earlier (state constitutional claim could have been) | Court exercises discretion to consider the claim despite res judicata concerns because federal juvenile-sentencing jurisprudence changed significantly after 1992 |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory life without parole for offenders under 18 violates Eighth Amendment; requires individualized sentencing consideration of youth)
- Graham v. Florida, 560 U.S. 48 (2010) (Eighth Amendment bars life without parole for non-homicide juvenile offenders)
- Roper v. Simmons, 543 U.S. 551 (2005) (Eighth Amendment bars death penalty for crimes committed under age 18)
- Bear Cloud v. State, 294 P.3d 36 (Wyo. 2013) (Wyoming court applying Miller; recognizes practical equivalence of life-without-parole and requirements for parole consideration)
- Castle v. State, 842 P.2d 1060 (Wyo. 1992) (discusses compatibility of Wyoming constitutional provisions with punishments including death and life imprisonment)
- Hopkinson v. State, 664 P.2d 43 (Wyo. 1983) (construing article I, §15 in relation to capital punishment)