Roper v. Simmons: Difference between revisions

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== The case ==
This case, in [[Missouri]], involved Christopher Simmons, who, in 1993 at the age of 17, concocted a plan to murder Shirley Crook, bringing two younger friends, Charles Benjamin and John Tessmer, into the plot. The plan was to commit [[burglary]] and [[murder]] by breaking and entering, tying up a victim, and tossing the victim off a bridge. The three met in the middle of the night; however, Tessmer then dropped out of the plot. Simmons and Benjamin broke into Mrs. Crook's home, bound her hands and covered her eyes. They drove her to a [[state park]] and threw her off a bridge. Simmons was sentenced to death in 1993 at the age 17 yrs. old
 
Once the case went to trial, the [[evidence (law)|evidence]] was overwhelming. Simmons had confessed to the murder, performed a videotaped reenactment at the crime scene, and there was testimony from Tessmer against him that showed [[premeditation]] (he discussed the plot in advance and later bragged about the crime). The jury returned a guilty verdict. Even considering [[mitigating factor]]s (no criminal history and his age), <!-- sympathy from Simmons' family NOTE: "sympathy from Simmons' family" or "sympathy for Simmons family"?? --> the jury recommended a death sentence, which the trial court imposed. Simmons first moved for the trial court to set aside the conviction and sentence, citing, in part, ineffective assistance of counsel. His age, and thus impulsiveness, along with a troubled background were brought up as issues that Simmons claimed should have been raised at the sentencing phase. The trial court rejected the motion, and Simmons appealed.