Roy Glover v. State
2013 Tex. App. LEXIS 7949
| Tex. App. | 2013Background
- Appellant Roy Glover was convicted by jury of continuous sexual abuse of a child under fourteen and received sixty years without parole.
- He challenges the sentence on two grounds: Eighth Amendment categorical bar on no-parole for continuous sexual abuse, and whether abused offenders (victims who become offenders) have standing to claim Graham-like protections.
- The victim was the appellant’s daughter, ages ten to thirteen, who disclosed the abuse after confiding to friends and a school counselor; threats and a knife were used to deter reporting.
- During punishment, Appellant waived confidentiality and Dr. Steven Schneider testified about a troubled background, including incestuous abuse by his mother and abusive father, limited schooling, and polysubstance abuse.
- Dr. Schneider described patterns of offending and potential treatment challenges, while acknowledging Appellant’s awareness and pattern of retraumatizing conduct.
- The court conducted a Graham-based four-factor analysis and held that a no-parole scheme for continuous sexual abuse is constitutional; the second issue was deemed not justiciable and the conviction was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eighth Amendment bar for no-parole in continuous abuse | Glover argued no-parole violates proportionality under Graham. | State contends no-parole scheme serves penological goals and reflects national consensus. | No categorical unconstitutionality; scheme constitutional. |
| Justiciability of applying Graham to abused offender | Glover seeks Graham-like protection for abused offenders as non-homicide juveniles. | State argues no real controversy since sentence imposed is not life without parole. | Issue is not justiciable; standing lacks and not decided. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (U.S. Supreme Court, 2010) (categorical no-parole for juveniles in non-homicide offenses)
- Coker v. Georgia, 433 U.S. 584 (U.S. Supreme Court, 1977) (rape not as morally depraved as murder)
- Kennedy v. Louisiana, 554 U.S. 407 (U.S. Supreme Court, 2008) (death penalty for rape of a child unconstitutional if not lethal)
- Harmelin v. Michigan, 501 U.S. 957 (U.S. Supreme Court, 1991) (non-capital sentencing without parole not per se unconstitutional)
- Meadoux v. State, 325 S.W.3d 189 (Tex.Crim.App. 2010) (four-factor test for categorical punishment challenges)
- Dixon v. State, 201 S.W.3d 731 (Tex.Crim.App. 2006) (consensus evidenced by legislative response to ongoing sexual abuse)
- Duran v. State, 363 S.W.3d 719 (Tex.App.—Houston [1st Dist.] 2011) (non-decisive for Eighth Amendment challenge)
- Atkins v. Virginia, 536 U.S. 304 (U.S. Supreme Court, 2002) (evolving standards of decency and culpability)
- Roper v. Simmons, 543 U.S. 551 (U.S. Supreme Court, 2005) (juvenile culpability and non-homicide considerations)
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. Supreme Court, 2012) (juvenile sentencing and life without parole considerations)