Friday, October 10, 2014

Roper v. Simmons case brief summary


F: P/Petitioner: Roper
D/Respondent: Simmons
Simmons with two minors committed murder at the age of 17 and sentenced to death at the age of 18
The State charged Simmons with burglary, kidnapping, stealing, and murder. Trial judge imposed the death penalty on Simmons. Simmons filed a new petition for state postconviction relief.
Writ of habeaus corpus. (may appeal to US judges Missouri, I am being unlawfully detained because of contrary to the US constitution
More civil nature of law, great writ,
R:Execution of individuals who were under 18 years of age at time of their capital crimes is prohibited by Eighth and Fourteenth Amendments

(2) Notes and Questions A. Aggravating Factors (5)
- The murder of a peace officer killed in the performance of his official duties when done to prevent or retaliate for that performance
- The murder of any person occurring at a correctional facility
- The murder of two or more persons regardless of whether the deaths occurred as the result

of the same act or of several related or unrelated acts.
- The intentional murder of a person involving the infliction of torture
- The murder by a person who is under investigation for a crime that would be a felony of anyone

involved in the investigation, prosecution, or defense of that crime.

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