from the DeKalb Circuit Court The Honorable Kurt Bentley
Grimm, Judge Trial Court Cause No. 17C01-9402-CF-8.
Attorney for Appellant Anne C. Kaiser Indianapolis, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Ellen H. Meilaender Deputy Attorney General
Aaron Moran Brown appeals from the post-conviction
court's ("PC court") entry of summary
disposition in favor of the State on Brown's successive
petition for post-conviction relief ("PCR"). We
The sole issue on appeal is whether the PC court erred in
granting summary disposition for the State and denying
Brown's successive petition for PCR on the ground that
Brown's aggregate sentence is unconstitutional.
This matter arises from Brown's challenge to his
convictions and sentences in light of the United States
Supreme Court's holding in Miller v. Alabama,
567 U.S. 460, 489 (2012), which declared that mandatory
sentencing schemes that require the imposition of life
sentences without the possibility of parole for juvenile
homicide offenders violate the Eighth Amendment. In the
aftermath of Miller, incarcerated offenders
throughout the country-including Brown-who received
significant sentences as juveniles, have challenged their
sentences as unconstitutional.
The facts as stated in Brown's direct appeal follow:
On February 7, 1994, Brown was charged by information with
the murders of Elizabeth Grueb, his biological mother, and
Jeffrey Grueb, his step-father. He pled guilty without a plea
agreement in September of 1994. Following a guilty plea
hearing the trial court entered judgment on the plea. The
evidence reveals that in the early morning hours of February
6, 1994, Brown, then 16-years old, lay in wait for his
parents to return home from a party, and upon their arrival,
murdered them with a shotgun. Shortly thereafter, Brown
turned himself in to the authorities.
Brown v. State, 659 N.E.2d 671, 672 (Ind.Ct.App.
1995), trans. denied.
At Brown's sentencing hearing on December 16, 1994, the
trial court found the following aggravating circumstances:
(1) "despite the fact that [Brown] ha[d] no prior record
of criminal activity [he was] in need of correctional or
rehabilitative treatment that c[ould] best be provided by
[his] commitment to a penal facility"; (2) Brown's
membership in a gang; (3) one of Brown's murder victims
was his mother; (4) Brown premeditated the murders and lay in
wait for his mother and stepfather; (5) Brown's lack of
remorse; and (6) ...