Moore v. State, 293 Ga. 705

Background

In 2000, Marcus Moore (17 at the time) was indicted for two malice murders and related offenses; the State gave notice it intended to seek the death penalty.
Moore pleaded guilty after a bifurcated trial under a negotiated plea: he waived appeals and post-conviction review and accepted life without parole (LWOP) on one murder count plus other consecutive sentences.
In 2005, the U.S. Supreme Court decided Roper v. Simmons, holding the Eighth Amendment bars death sentences for offenders under 18 at the time of their crimes; Moore moved in 2010 to correct his sentence arguing Roper made him ineligible for LWOP under Georgia law.
The trial court denied Moore’s motion, finding waiver and that Roper did not retroactively invalidate his LWOP sentence; Moore appealed to the Georgia Supreme Court.
Under Georgia law in 2001 (OCGA § 17-10-32.1), LWOP was available only where the State could lawfully seek death; the Court held Roper’s retroactive application removed the State’s authority to seek death for juvenile offenders like Moore, so LWOP was unauthorized.
The Georgia Supreme Court reversed, holding Moore’s LWOP sentence void under the 2001 statutory scheme and remanded for entry of a legal sentence.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Moore waived right to challenge LWOP despite plea and appellate/post-conviction waiver	Moore: plea waiver does not preclude attacking a void or illegal sentence	State: Moore bargained away post-conviction rights by plea agreement	Court: No waiver; a defendant may challenge an illegal/void sentence despite plea waiver
Whether Roper’s prohibition on juvenile death penalty applies retroactively to affect LWOP imposed after plea	Moore: Roper is a substantive rule retroactively barring punishments that the State cannot impose, so LWOP (available only when death is an option) is invalid	State: Roper does not on its face invalidate LWOP and trial court correctly denied relief	Court: Roper is retroactive and, applied to 2001 Georgia law, removed State’s authority to seek death; thus under OCGA § 17-10-32.1 Moore could not lawfully receive LWOP
Whether LWOP is independently permissible for juvenile homicide offenders after Roper under Georgia law in 2001	Moore: because LWOP depended on death-penalty eligibility, it is not permitted post-Roper	State: Roper did not expressly prohibit LWOP; LWOP can stand	Court: Under the 2001 statutory scheme, LWOP required death-penalty eligibility; Roper’s retroactive effect made LWOP unauthorized
Remedy for unauthorized LWOP imposed after plea	Moore: sentence is void and must be vacated; remand for legal sentence	State: sentence should stand or relief denied because plea waived challenges	Court: LWOP vacated; case remanded with direction to enter a legal sentence

Key Cases Cited

Roper v. Simmons, 543 U.S. 551 (2005) (Eighth Amendment bars death penalty for offenders under 18)
Nazario v. State, 293 Ga. 480 (2013) (plea acceptance does not bar challenge to an illegal or void sentence)
Hooks v. State, 284 Ga. 531 (2008) (defendant may challenge void sentence despite waiver of appellate rights)
United States v. Boce, 488 U.S. 563 (1989) (guilty plea does not necessarily forfeit ability to challenge legality of sentence)
Teague v. Lane, 489 U.S. 288 (1989) (framework for retroactivity of new rules of criminal procedure; substantive rules apply retroactively)
Schriro v. Summerlin, 542 U.S. 348 (2004) (substantive rules that place conduct or persons beyond state’s power to punish apply retroactively)
Miller v. State, 283 Ga. 412 (2008) (vacating LWOP where sentence not authorized under Georgia law)
Velazquez v. State, 283 Ga. 206 (2008) (if State cannot file death-penalty notice, LWOP under OCGA § 17-10-32.1 is not available)
Ingram v. State, 266 Ga. 324 (1996) (State must file intent to seek death to pursue LWOP alternative)
Funderburk v. State, 276 Ga. 554 (2003) (vacating LWOP imposed when not authorized by statute)
Graham v. Florida, 560 U.S. 48 (2010) (Eighth Amendment prohibits LWOP for juvenile non-homicide offenders)
Williams v. State, 291 Ga. 19 (2012) (Georgia precedent acknowledging LWOP for juvenile homicide offenders is not per se cruel and unusual)