Pubdate: Tue, 19 Apr 2016
Source: Boston Globe (MA)
Copyright: 2016 Associated Press
Contact: http://services.bostonglobe.com/news/opeds/letter.aspx?id=6340
Website: http://bostonglobe.com/
Details: http://www.mapinc.org/media/52

HIGH COURT REJECTS APPEAL OVER STIFF MARIJUANA SENTENCE

WASHINGTON (AP) - The Supreme Court on Monday turned away an appeal 
from a 76-year-old Alabama man who was sentenced to life in prison 
without parole for possessing less than three pounds of marijuana 
that he said he grew for personal use.

Lawyers for Lee Carroll Brooker argued that the stiff sentence under 
the state's habitual offender law violates the Constitution's ban on 
cruel and unusual punishment.

But the justices let stand a ruling from the Alabama Supreme Court 
upholding the sentence. Alabama's chief justice, Roy Moore, had 
written separately in the opinion last year to call the sentence 
"excessive and unjustified."

He said the stiff sentence for a nonviolent drug offense showed 
"grave flaws" in Alabama's sentencing system and urged lawmakers to 
revisit the system.

The office of Attorney General Luther Strange of Alabama defended the 
sentence, saying in a brief to the court that it was not based solely 
on Brooker's marijuana conviction but also on his history of prior 
felony convictions, including armed robberies and drug smuggling.

The case attracted attention from sentencing reform advocates who 
called it an extreme example of the flaws of mandatory sentencing.

Brooker is a disabled veteran who claims he was growing marijuana to 
help him manage serious medical problems.
- ---
MAP posted-by: Jay Bergstrom