State of Iowa v. Glenn Lee McGhee
15-1979
| Iowa Ct. App. | May 3, 2017Background
- In 1972, juveniles including Glenn McGhee committed a robbery that resulted in three deaths and other injuries; McGhee was convicted of three counts of first-degree murder, three counts of robbery, and two counts of assault with intent to murder.
- McGhee was originally sentenced to life without parole under the then-mandatory statute.
- Following Miller v. Alabama and Iowa precedent applying it retroactively, McGhee was resentenced in October 2015 under the amended Iowa Code § 902.1 which permits life with parole eligibility.
- At resentencing, both the State and McGhee asked the court to impose life with the possibility of parole; McGhee highlighted his 43 years of incarceration, education, programming, rehabilitation, and family support.
- The district court imposed life with immediate eligibility for parole, referencing juvenile immaturity, McGhee’s maturation and rehabilitative efforts, and the State’s lack of evidence to rebut the presumption favoring parole eligibility.
- McGhee appealed, arguing the court failed to exercise sentencing discretion and did not consider the statutory factors required by the amended sentencing scheme.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused discretion by not considering required sentencing factors at resentencing | State argued it had no evidence to rebut presumption favoring parole eligibility and supported life with parole | McGhee argued the court failed to meaningfully exercise discretion and failed to consider statutory factors | Court held the court did exercise discretion and considered relevant factors (rehabilitation, time served, education); affirmed sentence |
| Whether resentencing must start from a presumption of parole eligibility for juvenile offenders | State advocated parole eligibility in this case | McGhee urged presumption of parole eligibility per Seats and sought life with parole | Court applied the presumption in practice here; imposed life with parole eligibility |
| Whether the sentencing court needed to state on record every listed factor in §902.1 | State implicitly argued full factor discussion not required here | McGhee argued court did not expressly state consideration of each statutory factor | Court held express recitation of each factor is not required; brevity is acceptable if reviewable |
| Whether life without parole remains an available option for juveniles under Iowa law | State's position aligned with recent Iowa precedent limiting that option | McGhee sought parole eligibility; did not seek life without parole | Court decision consistent with precedent that life without parole is unconstitutional for juveniles in most cases; affirmed parole-eligible sentence |
Key Cases Cited
- Ragland v. State, 836 N.W.2d 107 (Iowa 2013) (applies Miller retroactively to juveniles)
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (mandatory life without parole for juveniles violates Eighth Amendment)
- State v. Seats, 865 N.W.2d 545 (Iowa 2015) (discusses presumption favoring parole eligibility for juvenile offenders at resentencing)
- State v. Boltz, 542 N.W.2d 9 (Iowa Ct. App. 1995) (trial court need not expressly recite every sentencing factor; concise reasons may suffice)
- State v. Sweet, 879 N.W.2d 811 (Iowa 2016) (categorical rule that juvenile offenders may not be sentenced to life without parole under Iowa Constitution)