No. 21-5391

Jermontae Moss v. Georgia

Lower Court: Georgia
Docketed: 2021-08-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment criminal-procedure cruel-and-unusual-punishment family-violence felony-murder juvenile-justice juvenile-sentencing life-without-parole miller-v-alabama mitigating-factors sentencing sentencing-discretion
Key Terms:
DueProcess Punishment
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does a court violate Miller when it refuses to consider childhood trauma as mitigating when sentencing a child to life without parole?

Question Presented (OCR Extract)

ESTION PRESENTED Jermontae Moss was sentenced to life without parole for a felony murder that occurred when he was seventeen years old. Though Jermontae was a child, the judge refused to consider that the violence that permeated his family’s home could have mitigated his role in the offense. The judge stated, “[I]nstead of being a mitigating factor in sentencing, an argument could be made that this is further indication that Defendant is now irretrievably corrupt.”

Docket Entries

2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-25
Waiver of right of respondent Georgia to respond filed.
2021-08-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2021)

Attorneys

Georgia
Ross Warren BergethonGeorgia Department of Law, Respondent
Jermontae Moss
Mark Aaron Loudon-BrownThe Southern Center for Human Rights, Petitioner