Remill Mason v. State of Mississippi
235 So. 3d 129
Miss. Ct. App.2017Background
- In June 2008, fifteen-year-old Remill Mason shot and killed seventeen-year-old Terrell Richmond in Richmond’s bedroom; a third youth, Telvin Campbell, was present. Mason was indicted for deliberate-design murder but pleaded guilty in 2009 to manslaughter and kidnapping.
- The trial court imposed consecutive sentences: 20 years for kidnapping and 30 years for manslaughter (total 50 years) in MDOC custody.
- Mason filed a first PCR in 2011 (denied) and a second PCR in 2014 raising multiple claims including actual innocence of kidnapping, double jeopardy, involuntary interrogation, Brady violations, ineffective assistance, and Eighth Amendment (juvenile-sentencing) challenges under Miller/Montgomery.
- The circuit court denied the second PCR in March 2015; Mason appealed. The court below treated many claims as procedurally barred (statute of limitations/successive PCR) except double jeopardy claims which survive procedural bars.
- The majority held Mason not actually innocent of kidnapping (he admitted holding Richmond at gunpoint and evidence supported close-contact shooting), rejected his double jeopardy claim as derivative, and rejected a Miller/Montgomery-based challenge because Mason was not sentenced to mandatory life without parole nor serving a de facto life sentence.
- A concurring/dissenting opinion agreed as to kidnapping but argued Miller/Montgomery could apply to lengthy aggregate (de facto life) or discretionary sentences and would remand for an evidentiary Miller hearing to determine life-expectancy and whether the 50-year aggregate is functionally life.
Issues
| Issue | Plaintiff's Argument (Mason) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Actual innocence of kidnapping | Richmond was not confined; Mason shot without warning, so kidnapping element lacking | Mason admitted at plea he and Campbell kidnapped Richmond by holding him at gunpoint; independent evidence (close-contact wound) supports confinement | Denied — Mason not actually innocent; plea admission and record furnish factual basis for kidnapping |
| Double jeopardy (manslaughter + kidnapping) | Kidnapping lacked evidentiary support, so conviction is effectively multiple punishment for same offense | Kidnapping and manslaughter have distinct elements; kidnapping supported by plea and evidence | Denied — claim derivative of rejected innocence claim; no double jeopardy violation |
| Miller/Montgomery juvenile-sentencing challenge | Aggregate 50-year consecutive sentence imposed on a juvenile is de facto life; Miller protections should apply to lengthy/discretionary sentences and require an individualized hearing | Miller applies to mandatory life without parole; here sentencing was discretionary and did not mandate life; Mason is not serving de facto life (eligible for trusty/earned time and possible release by 65) | Denied by majority — Miller not implicated because sentences were discretionary and not mandatory life; Mason not shown to serve de facto life. Concurring/dissent would remand for evidentiary hearing on de facto life question |
| Procedural bars to PCR claims (Brady, confession, ineffective assistance, waiver) | Various constitutional and counsel-related errors asserted in PCR | Claims are time-barred and successive under UPCCRA; many waived by valid guilty plea; no statutory exception applicable | Denied — most claims procedurally barred and not excepted; court did not reach merits for those claims |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (holding mandatory life without parole for juveniles unconstitutional and requiring individualized consideration of youth before imposing life without parole)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (holding Miller applies retroactively and framing Miller’s protection as barring life without parole for all but the rare juvenile whose crime reflects irreparable corruption)
- Bousley v. United States, 523 U.S. 614 (1998) (defining "actual innocence" for procedural-default exceptions and requiring that petitioner show no reasonable juror would convict in light of all evidence)
- Roper v. Simmons, 543 U.S. 551 (2005) (juveniles have diminished culpability; death penalty unconstitutional for offenders under 18)
- Parker v. State, 119 So.3d 987 (Miss. 2013) (Mississippi application of Miller: vacating mandatory juvenile life without parole and remanding for individualized sentencing consideration)