2013 COA 51
Colo. Ct. App.2013Background
- Rainer, a juvenile offender tried as an adult, was sentenced to 112 years for multiple violent offenses following a 2001 jury verdict.
- The trial court originally imposed a 224-year aggregate sentence which was later reduced to 112 years on remand after appellate remand directives.
- After Graham v. Florida (2010) held that nonhomicide juvenile offenders cannot be sentenced to life without parole, Rainer moved for Crim. P. 35(c) relief on collateral review in 2010.
- The trial court denied relief, citing that Graham did not apply or was non-retroactive and that the sentence did not resemble life without parole.
- The Colorado Court of Appeals held Graham retroactive and that Rainer’s sentence is the functional equivalent of life without parole, warranting relief and resentencing.
- The panel remanded for resentencing with counsel appointed, instructing proportionality review under Graham, Miller, and Roper standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Graham applies retroactively to Rainer | Rainer argues Graham is retroactive on collateral review. | People contend Graham is not retroactive under Teague and Edwards analysis. | Graham applies retroactively; despite Teague concerns, retroactivity affirmed. |
| Whether Rainer's Crim. P. 35(c) motion is time-barred | Graham creates a justifiable excuse/excusable neglect allowing merits review. | Motion was untimely under 16-5-402(1) and not saved by exception. | Motion not time-barred; justifiable excuse applies due to new substantive rule. |
| Whether Graham extends to de facto life sentences for juvenile nonhomicide offenders | 112-year aggregate sentence with no meaningful parole opportunity is de facto life without parole. | Graham applies only to actual LWOP or strictly defined categories; aggregate term may be distinguishable. | Graham extends to de facto life sentences; Rainer’s sentence constitutes cruel and unusual punishment. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (nonhomicide juvenile LWOP violates Eighth Amendment; requires meaningful opportunity for release)
- Roper v. Simmons, 543 U.S. 551 (U.S. 2005) (categorical differences of juveniles; informs Graham's reasoning)
- Atkins v. Virginia, 536 U.S. 304 (U.S. 2002) (retroactive substantive rule; bans death penalty for mentally disabled)
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (mandatory LWOP for juvenile homicide offenders unconstitutional)
- Close v. People, 48 P.3d 528 (Colo. 2002) (proportionality review methodology for term-of-years sentences)
- Edwards v. People, 129 P.3d 977 (Colo. 2006) (Teague retroactivity framework for collateral review)
- Gennari v. People, not listed here () (note: example placeholder not used)
- Adams v. State, 188 So.3d 849 (Fla. Dist. Ct. App. 2012) (statutory life-equivalent sentences for juvenile nonhomicide offenders deemed de facto LWOP)
- Caballero v. Superior Court, 145 Cal.Rptr.3d 282 (Cal. Ct. App. 2012) (Graham applied to term-of-years sentences exceeding life expectancy)
- Nunez v. People, 125 Cal.Rptr.3d 624 (Cal. Ct. App. 2011) (Graham applied to de facto LWOP considerations)