S-12-0434, State v. Trevelle Taylor (Appellant)
Douglas County, Judge Marlon Polk
Attorneys: Thomas C. Riley (Public Defender for Appellant) --- James D. Smith (Attorney General’s Office)
Criminal: Count I: Murder in the first degree; Count II: Use of a weapon to commit a felony
Proceedings below: A jury found Appellant guilty of both crimes. He was sentenced to life imprisonment.
Issues: I. The trial court committed reversible error when the state was allowed to present inadmissible hearsay evidence from a witness about where the firearm used in this homicide was located. II. The trial court erroneously allowed the state to present an in court identification of the defendant by a witness whose identification of the appellant was tainted by an unduly suggestive one man show up procedure. III. The appellant was under eighteen years of age at the time of the offense for which he was convicted and a sentence of life imprisonment is a violation of the federal and state constitutional protection against cruel and unusual punishment. IV. The proper remedy to be applied to the appellant under the Miller v. Alabama rule is that his sentences on the murder convictions should be set aside and he should be re-sentenced for the those convictions as Class IB felonies.