Friday, May 31, 2019

Temple Killer Gets New Sentencing Hearing

The Mississippi Supreme Court vacated the sentence for Capital Murder convict Gerome Moore and ruled the trial court hold a new sentencing hearing.  Moore was the driver for the killer of Carolyn Temple.  Moore's friend shot her during a robbery on Euclid in January 2015.  Moore confessed to his role in the slaying.  Moore was 17 years-old at the time of the murder.  The Court ordered the jury to decide whether to sentence him to a life sentence with or without parole.  

Moore asked the Court to rule his confession was inadmissable and that he suffered from ineffective counsel.  The Court rejected both claims.  However, the Court ruled a jury, not a judge, should have sentenced the young hood.  The Court stated:

¶50. Section 99-19-101 is unambiguous. It provides that when a defendant is convicted of capital murder, the trial court must conduct a separate proceeding to determine the defendant’s sentence. The separate proceeding is to be held before the trial jury. The jury is to determine if the defendant is to be sentenced to death, life imprisonment without parole or life imprisonment....

The Legislature delegated the sentencing authority for all capital offenses to the jury, unless a jury sentencing is waived...

¶58. After review, we conclude that Moore was entitled to be sentenced by a jury. Section
99-19-101(1) provides that, “[u]pon conviction or adjudication of guilt of a defendant of capital
murder or other capital offense, the court shall conduct a separate sentencing proceeding . . . before the trial jury as soon as practicable.” Miss. Code Ann. § 99-19-101(1). This plain language requires all capital offenders—without exception—to be sentenced by a jury.

¶59. Here, the circuit court erred when it denied Moore’s request to have a jury sentence him. Moore —a juvenile—was convicted of capital murder post-Miller but was denied his request for a jury sentencing. We vacate Moore’s sentence and remand the case for resentencing before a jury. The jury will be tasked with determining whether Moore should be sentenced to life imprisonment without parole or life imprisonment with eligibility for parole. If the jury determines that Moore should be eligible for parole, the jury trial court will sentence Moore to life imprisonment with eligibility for parole, notwithstanding the provisions of Mississippi Code Section 47-7-3(1)(e).
The case is assigned to Circuit Judge Adrienne Wooten.

Kingfish note: Who can forget his scumbag mother?


Anonymous said...

How could something this clear (unambiguous) be so blatantly mishandled by the sentencing judge? His mother isn't an issue.

Anonymous said...

@ 12:46 PM - the trial judge was Weill. That's exactly how something gets blatantly mishandled.

Burke said...

The murder of Carolyn Temple was a horror show, especially for her friend, Conner McAllister, and for our neighborhood. And more horror shows are happening nearly everyday in our city. Which begs the question: When will our political leaders express some outrage, clearly and loudly? Maybe it would help if we locked them in a room and made them listen to "Gee, Officer Krupke" from 'West Side Story' over and over. "Juvenile delinquency is a social disease." It's not such a funny song these days.

Come on, Mayor. We can drive around the potholes; we can't stop a bullet. Get your sorry butt out there and invoke the wrath of the citizens of Jackson on this wave of terror. And don't let the judges get a pass. I don't blame you if you are afraid, but even if you live behind gates you still have to take responsibility for what's going on during your watch.

Anonymous said...

"His mother isn't an issue." - I watched enough of that video of her to be convinced that kid never had a chance. It's a trajedy he took someone with him on his way out.

Anonymous said...

Why is anyone surprised?
If you keep electing and appointing people based on party affiliation and whether or not they go to church and seem socially cordial without regard to ability or experience in the job expected of them and who consistent moral compass, this is what you get.

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