Middleton v. State
313 Ga. App. 193
| Ga. Ct. App. | 2011Background
- Middleton pled guilty in 1998 to armed robbery, two aggravated assaults, kidnapping, and theft by taking arising from a 1997 attack on a 54-year-old woman.
- He was 14 years old at the time of the offenses.
- The trial court imposed a 20-year term for kidnapping and a consecutive 10-year term for armed robbery, totaling 30 years, with concurrent terms on other counts.
- The sentence was without parole under OCGA § 17-10-6.1.
- In 2010 Middleton moved to correct a void sentence contending the sentence violated the Eighth Amendment as applied to juveniles.
- The trial court denied the motion; Middleton appealed, arguing Graham v. Florida categorically restricts his sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juvenile Eighth Amendment limits apply to a term-of-years sentence without parole | Middleton argues Graham requires life-without-parole restrictions for juveniles. | State contends Graham's categorical rule does not apply to a term-of-years sentence without parole. | Graham's categorical rule does not apply to term-of-years sentences without parole. |
| Whether the sentence violates separation-of-powers challenges to OCGA § 17-10-6.1 | Middleton asserts § 17-10-6.1 is unconstitutional as applied to juveniles. | State argues the claim is not properly before the court and not actionable on appeal. | Constitutional challenge to § 17-10-6.1 is not reviewable on appeal. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (categorical restriction on life without parole for non-homicide juvenile offenses)
- Adams v. State, 288 Ga. 695 (2011) (Graham does not affect term-of-years without parole)
- Cuvas v. State, 306 Ga. App. 679 (2010) (presumption sentence within statutory limits does not violate Eighth Amendment)
- Kennedy v. Louisiana, 554 U.S. 407 (2008) (death penalty restricted for crimes not resulting in death)
- Roper v. Simmons, 543 U.S. 551 (2005) (cannot impose death penalty on juvenile offenders)
- Atkins v. Virginia, 536 U.S. 304 (2002) (cannot impose death penalty on mentally retarded defendants)