Nolley, Erron Keith
2014 Tex. Crim. App. LEXIS 637
| Tex. Crim. App. | 2014Background
- Both Derrick Lewis and Erron Nolley were 16 when each committed separate murders and were tried as adults after juvenile-court transfer.
- At trial both were sentenced automatically to life imprisonment without parole under the then-applicable Texas Penal Code § 12.31(a); no individualized punishment hearings occurred.
- On appeal after the U.S. Supreme Court decided Miller v. Alabama, Texas appellate courts affirmed convictions but reformed both sentences to life with parole eligibility (i.e., life, not life without parole).
- Both appellants sought discretionary review, arguing Miller entitles juveniles to individualized sentencing hearings before imposition of a state’s harshest available punishment.
- The Court of Criminal Appeals considered whether Miller’s prohibition on mandatory life without parole for juveniles requires individualized hearings whenever a juvenile faces the jurisdiction’s most severe penalty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miller requires individualized sentencing hearings for all juveniles facing a state’s harshest penalty | Lewis/Nolley: Miller mandates individualized consideration before imposing the harshest available juvenile sentence (i.e., life in Texas) | State: Miller only prohibits mandatory life without parole; it does not require individualized hearings when the sentence allows parole | Held: Miller’s holding is narrow—it forbids mandatory LWOP for juveniles; it does not entitle juveniles to individualized hearings when sentenced to life with parole eligibility |
| Whether appellants are entitled to hearings after appellate reformation of sentences from LWOP to life | Lewis/Nolley: Their reformed life sentences remain the harshest penalty and thus require mitigation hearings | State: Appellants no longer face LWOP; under §12.31 juveniles receive life (with parole eligibility), so Miller does not apply | Held: Appellants are not entitled to punishment hearings because their sentences are not life without parole; Miller does not apply |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (held mandatory life without parole for offenders under 18 violates the Eighth Amendment; requires individualized determination for the rare juvenile offender showing irreparable corruption)
- Graham v. Florida, 560 U.S. 48 (2010) (ruled life without parole for nonhomicide juvenile offenders violates the Eighth Amendment)
- Roper v. Simmons, 543 U.S. 551 (2005) (held death penalty unconstitutional for crimes committed under age 18)
- Thompson v. Oklahoma, 487 U.S. 815 (1988) (addressed Eighth Amendment limits on capital punishment for juveniles)