NEW YORK DAILY NEWS – A 112-year prison sentence imposed on a convicted rapist for crimes he committed at age 15 is unconstitutional because it doesn’t allow any opportunity for possible release, a divided Ohio Supreme Court ruled Thursday.
The court’s 4-3 ruling came in the case of Brandon Moore, who was tried as an adult and convicted in the 2001 armed kidnapping, robbery and gang rape of a 22-year-old Youngstown State University student.
The woman was abducted as she arrived for an evening work shift and was repeatedly raped at gunpoint by Moore and an accomplice before being released, according to court records. The decision returns the case to a county court to resentence Moore, now 29.
In 2010, the U.S. Supreme Court ruled in a 5-4 vote that teenagers may not be locked up for life without a chance of parole if they haven’t killed anyone. The court said in the case of a Florida man serving time for armed robberies when he was a teen that the constitution requires young people serving life sentences to at least be considered for release and the chance of rehabilitation.