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Scottie Louis Forcey v. the State of Texas

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Keasler, J., delivered the opinion of the Court in which Keller, P.J., Price, Womack, Hervey, and Cochran, JJ., joined. Meyers and Johnson, JJ., dissented.

OPINION

A jury convicted Scottie Louis Forcey of capital murder, committed in 2008, when Forcey was a juvenile, and the judge sentenced Forcey to life imprisonment without the possibility of parole.*fn1 Among other points of error, Forcey raised the following three related complaints on appeal challenging the constitutionality of his sentence: (1) that his sentence violates the federal and state constitutional prohibitions against cruel and unusual punishment; (2) that the trial judge erred in ruling that Texas Penal Code Section 12.31, as applied to juvenile defendants, before the September 1, 2009, amendment, is not unconstitutional because a life sentence, without the possibility of parole, for capital murder is cruel and unusual and disproportionate; and (3) that his sentence is disproportionate punishment for capital murder.*fn2 The Waco Court of Appeals rejected Forcey’s claims.*fn3 We granted Forcey’s petition for discretionary review to review the court of appeals’s resolution of these issues.

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