At 1:30 the MSSC will hear the case of Gerome  Moore v. State

Moore was convicted of the murder of  Carolyn Temple during the commission of a robbery.  The case was well publicized because Ms. Temple was killed while merely carrying  her friend’s garbage can up the driveway of his Belhaven house. After a sentencing hearing, he was sentenced to life.   Moore was driving the car. One of his two codefendants got back to the car and said that Ms Temple wouldn’t give up her purse “so I blasted the bitch.”  Moore admitted to providing the gun.

Moore’s brief is filed under seal but, based on the State’s brief, he argues that his confession should have been suppressed.   The State argues that this issue is procedurally barred and meritless. When Moore was asked whether he wanted to give a statement, he said “No sir, I ain’t do nothing.”  He was gain asked if he wanted to talk and he said  “Yes, sir, I’ll talk to y’all.”  Moore argues that he invoked his right to remain silent and the ensuing confession should have been suppressed.

He also argues that his attorney was ineffective for failing to base the motion to suppress on the fact that Moore invoked his right to remain silent.

Finally, he argues that as a juvenile, he should not have been sentenced to life without parole and that the court did not properly consider the Miller factors.

Moore’s opening brief is filed under seal.

State’s brief

Moore’s reply brief

Watch the argument here