Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Brown v. State

Court of Appeals of Indiana

August 28, 2019

Aaron Moran Brown, Appellant-Petitioner,
v.
State of Indiana, Appellee-Respondent.

          Appeal 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 Indianapolis, Indiana

          Tavitas, Judge.

         Case Summary

         [¶1] 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 affirm.

         Issue

         [¶2] 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.

         Facts

         [¶3] 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.

         [¶4] 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.

         [¶5] 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) ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.