State of Iowa v. Ngor Makuey, 16-0162

On July 2, 2014, Ngor Makuey entered the home of Ruppert (97) and Harriet Anderson (92), struck both with a metal spatula; Ruppert later died of blunt force trauma and Harriet survived.
Police identification was aided by video from a television crew; blood-stained spatula, clothing, and spatula handle pieces linked Makuey to the assault.
Makuey was charged with first-degree murder, attempted murder, first-degree robbery, and first-degree burglary; he waived a jury and was tried to the court.
Makuey asserted an insanity defense; his expert testified he was unable to distinguish right from wrong, while the State’s experts acknowledged psychosis but concluded he had the requisite intent and capacity.
The court rejected insanity, convicted Makuey of first-degree murder under the felony-murder rule, first-degree robbery, burglary, and assault with intent to cause serious injury (lesser included), and imposed life imprisonment plus concurrent and one consecutive term.
Makuey appealed, arguing his sentence was cruel and unusual under the Eighth Amendment and article I, §17 of the Iowa Constitution as applied to him given his lack of intent and mental illness.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Makuey may raise an as-applied Eighth Amendment challenge to his sentence on appeal despite not contesting it at trial	State: Unconstitutional-sentence claims should be preserved for trial to develop record; otherwise remand may be needed	Makuey: Unconstitutional sentences are illegal sentences and may be raised at any time	Court: Preserved—unconstitutional sentencing is an illegal-sentence claim; appellate review permitted and remand only if more record is needed
Whether life sentence under felony-murder is grossly disproportionate as applied to Makuey	State: Legislature may define felony-murder; life is not disproportionate to causing death during a forcible felony	Makuey: Lacked intent to kill, young, mentally ill—felony-murder leading to life is cruel and unusual as applied	Court: No gross disproportionality; felony-murder and life sentence constitutional as applied
Whether unique factors (youth, mental illness, background) require remand for evidentiary hearing	State: Not necessary absent indication remand is required	Makuey: Facts warrant deeper factfinding like in Bruegger	Court: No remand—record sufficient to conclude threshold not met; no evidentiary hearing required
Scope of review standard	State: —	Makuey: —	Court: Sentences alleged unconstitutional reviewed de novo

State v. Bruegger, 773 N.W.2d 862 (Iowa 2009) (discusses as-applied Eighth Amendment review and when remand for factfinding may be appropriate)
State v. Oliver, 812 N.W.2d 636 (Iowa 2012) (unconstitutional sentences are illegal sentences; appellate review not barred by preservation rules)
State v. Lyle, 854 N.W.2d 378 (Iowa 2014) (standards for Eighth Amendment as-applied and categorical challenges; review is de novo)
Graham v. Florida, 560 U.S. 48 (2010) (framework distinguishing as-applied and categorical Eighth Amendment claims)
State v. Heemstra, 721 N.W.2d 549 (Iowa 2006) (explains felony-murder doctrine and rationale)
State v. Fuhrmann, 261 N.W.2d 475 (Iowa 1978) (legislature’s broad power to define crimes)
State v. Rhode, 503 N.W.2d 27 (Iowa Ct. App. 1993) (life sentence not disproportionate for causing another's death)