Supreme Court Lee Brooker, The U.S. Supreme Cloister on Friday will accede whether to yield up the case of Lee Carroll Brooker, a 76-year-old Houston County man who is confined a activity after the achievability acquittal book for his 2014 confidence for control of a few pounds of marijuana.
And some humans accept Brooker has gotten a raw accord – including Alabama Chief Justice Roy Moore who alleged Brooker's book "excessive and unjustified" in a abrupt if his cloister abandoned Brooker's address endure year.
Brooker argues that the book based on his accepted blackmailer cachet violates the Eighth Amendment adjoin atrocious and abnormal punishment.
Families Adjoin Binding Minimums, a civic sentencing ameliorate group, filed a acquaintance of the cloister abrupt on account of Brooker allurement the U.S. Supreme Cloister to analysis the case.
"It is harder to accept how, in a affable society, the law can abide that a seventy-six-year-old decorated, disabled, action adept is bedevilled to die in bastille for growing marijuana in his backyard for claimed use," FAMM declared in its brief.
The U.S. Supreme Cloister will accede demography on Brooker's case Friday. A accommodation on whether the cloister will yield on the case could be appear next week.
Brooker is represented by Bryan Stevenson of the Montgomery-based Equal Justice Initiative. The Alabama Advocate General's Appointment is opposing Brooker's request.
Brooker, 76, of Cottonwood, was bedevilled as a accepted abomination blackmailer to activity imprisonment after the achievability of acquittal for a nonviolent, drug-related abomination – control of added than 2.2 pounds of marijuana. The Cloister of Criminal Appeals affirmed his confidence and he appealed to the Alabama Supreme Court.
On Sept. 11, 2015 the Alabama Supreme Cloister denied a analysis of Brooker's case.
Chief Justice Roy Moore concurred with the court's abnegation of Brooker's petition. But he didn't like it.
"Brooker's book is boundless and unjustified," Moore wrote in a abstracted adapted opinion.
Moore acclaimed that even the balloon adjudicator who bedevilled Brooker had told Brooker if "the Cloister could book you to a appellation that is beneath than activity after parole, I would. However, the law is actual specific as to the book in this case. There is no acumen by the Court."
Judges should accept added adaptability in sentencing, Moore wrote. "Under affairs like those of Brooker's arrest and conviction, a balloon cloister should accept the acumen to appoint a beneath astringent book than activity imprisonment after the achievability of parole," he stated.
"In my view, Brooker's book of activity imprisonment after the achievability of acquittal for a non-violent, drug-related abomination reveals grave flaws in our approved sentencing scheme," Moore wrote. "I appetite the assembly to revisit that approved sentencing arrangement to actuate whether it serves an adapted purpose."
According to Moore's opinon:
Dothan badge were investigating the annexation of bicycles on July 20, 2011 if they begin marijuana plants growing central and alfresco the home of Brooker's son. Brooker was active at the home. Brooker was answerable with trafficking marijuana because admiral begin added than 2.2 pounds – the minimum for such a charge.
An official with the Alabama Department of Forensic Sciences testified at Brooker's balloon that he bent the plants calm from the home were marijuana plants weighing, at a minimum, 2.8 pounds, cloister annal show.
At Brooker's sentencing hearing, prosecutors offered certified annal from Florida assuming that Brooker was ahead bedevilled for one calculation of attempted robbery with a firearm and three counts of robbery with a firearm, cloister annal show. The judge, acquainted he had no added option, bedevilled Brooker beneath Alabama's Accepted Abomination Blackmailer Act to activity imprisonment after the achievability of parole.
FAMM states in its abrupt that Brooker's case presents "an acute archetype of the countless flaws of binding sentencing regimes, which attorneys and commentators accept continued recognized."
"Mandatory minimums—especially in the ambience of recidivist statutes—may abuse low-level conduct with the severest of penalties, behindhand of what the wisest of board may accede appropriate," FAMM states.
The Alabama Advocate General's Appointment declared in its abrupt to the U.S. Supreme Cloister that "Brooker's book was not the aftereffect of his marijuana confidence alone, but rather his continued history of austere abomination convictions."
Brooker began his abomination career smuggling drugs amid Florida and Alaska, according to the advocate general's brief. "But Brooker didn't stop there. Following his absolution from bastille for that crime, he launched into a multi-day, multi-victim bacchanalia of armed robberies, culminating in his battlefront a button shotgun at one being and aggressive to shoot two badge officers," the advocate general's appointment wrote.
The AG argued that the Cloister should abjure the command because binding activity imprisonment for recidivist felons is built-in and trafficking in marijuana can serve as a triggering breach beneath the state's accepted blackmailer statute. "In reality, 2.8 pounds, even if it was of authentic marijuana, is a cogent amount, far added than one would acquire for claimed use," the accompaniment argued.
And some humans accept Brooker has gotten a raw accord – including Alabama Chief Justice Roy Moore who alleged Brooker's book "excessive and unjustified" in a abrupt if his cloister abandoned Brooker's address endure year.
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| Supreme Court Lee Brooker |
Brooker argues that the book based on his accepted blackmailer cachet violates the Eighth Amendment adjoin atrocious and abnormal punishment.
Families Adjoin Binding Minimums, a civic sentencing ameliorate group, filed a acquaintance of the cloister abrupt on account of Brooker allurement the U.S. Supreme Cloister to analysis the case.
"It is harder to accept how, in a affable society, the law can abide that a seventy-six-year-old decorated, disabled, action adept is bedevilled to die in bastille for growing marijuana in his backyard for claimed use," FAMM declared in its brief.
The U.S. Supreme Cloister will accede demography on Brooker's case Friday. A accommodation on whether the cloister will yield on the case could be appear next week.
Brooker is represented by Bryan Stevenson of the Montgomery-based Equal Justice Initiative. The Alabama Advocate General's Appointment is opposing Brooker's request.
Brooker, 76, of Cottonwood, was bedevilled as a accepted abomination blackmailer to activity imprisonment after the achievability of acquittal for a nonviolent, drug-related abomination – control of added than 2.2 pounds of marijuana. The Cloister of Criminal Appeals affirmed his confidence and he appealed to the Alabama Supreme Court.
On Sept. 11, 2015 the Alabama Supreme Cloister denied a analysis of Brooker's case.
Chief Justice Roy Moore concurred with the court's abnegation of Brooker's petition. But he didn't like it.
"Brooker's book is boundless and unjustified," Moore wrote in a abstracted adapted opinion.
Moore acclaimed that even the balloon adjudicator who bedevilled Brooker had told Brooker if "the Cloister could book you to a appellation that is beneath than activity after parole, I would. However, the law is actual specific as to the book in this case. There is no acumen by the Court."
Judges should accept added adaptability in sentencing, Moore wrote. "Under affairs like those of Brooker's arrest and conviction, a balloon cloister should accept the acumen to appoint a beneath astringent book than activity imprisonment after the achievability of parole," he stated.
"In my view, Brooker's book of activity imprisonment after the achievability of acquittal for a non-violent, drug-related abomination reveals grave flaws in our approved sentencing scheme," Moore wrote. "I appetite the assembly to revisit that approved sentencing arrangement to actuate whether it serves an adapted purpose."
According to Moore's opinon:
Dothan badge were investigating the annexation of bicycles on July 20, 2011 if they begin marijuana plants growing central and alfresco the home of Brooker's son. Brooker was active at the home. Brooker was answerable with trafficking marijuana because admiral begin added than 2.2 pounds – the minimum for such a charge.
An official with the Alabama Department of Forensic Sciences testified at Brooker's balloon that he bent the plants calm from the home were marijuana plants weighing, at a minimum, 2.8 pounds, cloister annal show.
At Brooker's sentencing hearing, prosecutors offered certified annal from Florida assuming that Brooker was ahead bedevilled for one calculation of attempted robbery with a firearm and three counts of robbery with a firearm, cloister annal show. The judge, acquainted he had no added option, bedevilled Brooker beneath Alabama's Accepted Abomination Blackmailer Act to activity imprisonment after the achievability of parole.
FAMM states in its abrupt that Brooker's case presents "an acute archetype of the countless flaws of binding sentencing regimes, which attorneys and commentators accept continued recognized."
"Mandatory minimums—especially in the ambience of recidivist statutes—may abuse low-level conduct with the severest of penalties, behindhand of what the wisest of board may accede appropriate," FAMM states.
The Alabama Advocate General's Appointment declared in its abrupt to the U.S. Supreme Cloister that "Brooker's book was not the aftereffect of his marijuana confidence alone, but rather his continued history of austere abomination convictions."
Brooker began his abomination career smuggling drugs amid Florida and Alaska, according to the advocate general's brief. "But Brooker didn't stop there. Following his absolution from bastille for that crime, he launched into a multi-day, multi-victim bacchanalia of armed robberies, culminating in his battlefront a button shotgun at one being and aggressive to shoot two badge officers," the advocate general's appointment wrote.
The AG argued that the Cloister should abjure the command because binding activity imprisonment for recidivist felons is built-in and trafficking in marijuana can serve as a triggering breach beneath the state's accepted blackmailer statute. "In reality, 2.8 pounds, even if it was of authentic marijuana, is a cogent amount, far added than one would acquire for claimed use," the accompaniment argued.
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