Thursday, May 2, 2013

Retracted Article Five: Life Without Parole Sentence for Juvenile Offenders


Neil, Benjamin, and Seganish, W. Michael. (2011) "Life Without Parole Sentence for Juvenile Offenders: Loggins v. Thomas in the United States Court of Appeals for the Eleventh Circuit No. 09-13267", Journal of Business Cases and Applications 5: 1-6. [This article has been retracted by the journal]


Neil and Seganish, page 2
Kenneth Loggins v. Thomas, 09-13267 (11th Cir. 2011), page 2
Kenneth Loggins was convicted and sentenced to death in 1995 for the sadistic and brutal murder of Vickie Deblieux. Because he was seventeen years old when he committed the murder, the state courts eventually set aside his death sentence based on Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183 (2005), which held that it was unconstitutional to execute anyone who was under eighteen years of age at the time of the crime, id. at 578
State, No. CR-04-1567 (Ala. Crim. App. Dec. 8, 2005) (order remanding to trial court for resentencing). Loggins was resentenced to life imprisonment without parole, see Loggins v. State, No. CR (unpublished memorandum opinion), which was the next most severe penalty.
Alabama law provided for the crime that he had committed, see Ala. Code §§13A 5-39, 13A-5-45. Having escaped the death penalty Loggins now seeks to escape his life without parole sentence, contending that it, too, is an unconstitutional penalty for him because he was not yet eighteen years old at the time he committed the murder.
Kenneth Loggins was convicted and sentenced to death in 1995 for the sadistic and brutal murder of Vickie Deblieux. Because he was seventeen years old when he committed the murder, the state courts eventually set aside his death sentence based on Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183 (2005), which held that it was unconstitutional to execute anyone who was under eighteen years of age at the time of the crime, id. at 578–79, 125 S.Ct. at 1200. See Loggins v. State, No. CR-04-1567 (Ala. Crim. App. Dec. 8, 2005) (order remanding to trial court for resentencing). Loggins was resentenced to life imprisonment without parole, see Loggins v. State, No. CR-04-1567 (Ala. Crim. App. Apr. 21, 2006) (unpublished memorandum opinion), which was the next most severe penalty Alabama law provided for the crime that he had committed, see Ala. Code §§13A- 5-39, 13A-5-45. Having escaped the death penalty Loggins now seeks to escape his life without parole sentence, contending that it, too, is an unconstitutional penalty for him because he was not yet eighteen years old at the time he committed the murder.
Neil and Seganish, page 2:
Kenneth Loggins v. Thomas, 09-13267 (11th Cir. 2011), pp. 2-3
On the night of February 21, 1994, a friend dropped Vickie Deblieux off on Interstate 59 near Chattanooga, Tennessee. She intended to hitchhike to her mother’s home in West Monroe, Louisiana, and had telephoned her mother to let her know that she was coming. Deblieux made it as far south as Jefferson County, Alabama. Unfortunately for her, Kenneth Loggins and three of his friends were also out that night, drinking beer and using drugs. They spotted Deblieux at an interstate exit in Jefferson County.
On the night of February 21, 1994, a friend dropped Vickie Deblieux off on Interstate 59 near Chattanooga, Tennessee. She intended to hitchhike to her mother’s home in West Monroe, Louisiana, and had telephoned her mother to let her know that she was coming. Deblieux made it as far south as Jefferson County, Alabama. Unfortunately for her, Kenneth Loggins and three of his friends were also out that night, drinking beer and using drugs. They spotted Deblieux at an interstate exit in Jefferson County.

Neil and Seganish, page 2
Kenneth Loggins v. Thomas, 09-13267 (11th Cir. 2011), page 3
Promising to take her to Louisiana, Loggins and the other men lured Deblieux into their car and then drove her to a remote wooded area on the pretense of picking up another vehicle. When she protested being taken there, Loggins assured her that everything was okay. Of course, it wasn’t. Once they arrived in the wooded area where the truck was located and got out of the car, Loggins and the three other men began drinking again. One of them hit Deblieux in the head with a beer bottle. She tried to run away, but they tackled her. As she lay on the ground, Loggins and the other men kicked Deblieux all over her body, over and over again. When they realized that she was still alive despite the vicious beating they had inflicted on her, Loggins stood on her throat until she gurgled up blood. She finally said “Okay, I’ll party.” Then she died.
Promising to take her to Louisiana, Loggins and the other men lured Deblieux into their car and then drove her to a remote wooded area on the pretense of picking up another vehicle. When she protested being taken there, Loggins assured her that everything was okay. Of course, it wasn’t. Once they arrived in the wooded area where the truck was located and got out of the car, Loggins and the three other men began drinking again. One of them hit Deblieux in the head with a beer bottle. She tried to run away, but they tackled her. As she lay on the ground, Loggins and the other men kicked Deblieux all over her body, over and over again. When they realized that she was still alive despite the vicious beating they had inflicted on her, Loggins stood on her throat until she gurgled up blood. She finally said “Okay, I’ll party.” Then she died.
Neil and Seganish, page 2
Kenneth Loggins v. Thomas, 09-13267 (11th Cir. 2011), pages 3 and 4
Loggins and the other men threw Deblieux’s body into the pickup truck, and drove to Bald Rock Mountain in adjacent St. Clair County, Alabama. Once there, they removed all of Deblieux’s clothes. After playing with her naked corpse for awhile, they tossed it over the side of a cliff. Loggins and the others then left and went to a car wash in a nearby town. There they washed the blood out of the truck and rummaged through Deblieux’s luggage before scattering it in the woods near the car wash.
Loggins and the other men threw Deblieux’s body into the back of their pickup truck, and drove to Bald Rock Mountain in adjacent St. Clair County, Alabama. Once there, they removed all of Deblieux’s clothes. After playing with her naked corpse for awhile, they tossed it over the side of a cliff. Loggins and the others then left and went to a car wash in a nearby town. There they washed the blood out of the truck and rummaged through Deblieux’s luggage before scattering it in the woods near the car wash.
Neil and Seganish, pages 2 and 3:
Kenneth Loggins v. Thomas, 09-13267 (11th Cir. 2011), page 4
Later that night, Loggins and two of the other men returned to Bald Rock Mountain and defiled Deblieux’s body. They cut off her fingers, and they removed one of her teeth, and they cut out her left lung. According to Loggins, that was not all that they did. He later bragged to some friends that he and one of the other men had removed part of Deblieux’s heart, taken a bite out of it, and “spit it into her face.” Loggins’ desecration of his innocent victim’s body was consistent with some of his other behavior: he was involved with a “skinhead group,” he sometimes slept in a cemetery, and he carried around a black notebook in which he indicated his fascination with death, dying, and “Satan worship.”
Later that night, Loggins and two of the other men returned to Bald Rock Mountain and defiled Deblieux’s body. They cut off her fingers, and they removed one of her teeth, and they cut out her left lung. According to Loggins, that was not all that they did. He later bragged to some friends that he and one of the other men had removed part of Deblieux’s heart, taken a bite out of it, and “spit it into her face.” Loggins’ desecration of his innocent victim’s body was consistent with some of his other behavior: he was involved with a “skinhead group,” he sometimes slept in a cemetery, and he carried around a black notebook in which he indicated his fascination with death, dying, and “Satan worship.”
Neil and Seganish, page 3:
Kenneth Loggins v. Thomas, 09-13267 (11th Cir. 2011), page 4
The morning after the murder Loggins’ girlfriend and another woman were looking for him. They found him and two of his friends asleep in a pickup truck in the parking lot of a fast food restaurant. All three men were covered in blood and
mud. When asked what they had been doing, Loggins replied that they “had killed a dog or something that was chasing [his] truck.”
The morning after the murder Loggins’ girlfriend and another woman were looking for him. They found him and two of his friends asleep in a pickup truck in the parking lot of a fast food restaurant. All three men were covered in blood and mud. When asked what they had been doing, Loggins replied that they “had killed a dog or something that was chasing [his] truck.”
Neil and Seganish, page 3
Kenneth Loggins v. Thomas, 09-13267 (11th Cir. 2011), pages 4-5
On February 26, 1994, a group of hikers on Bald Rock Mountain discovered Deblieux’s mutilated body and called the police. The body was taken to the medical examiner’s office, where a full autopsy was conducted. The autopsy revealed that Deblieux’s face was covered with lacerations, every bone in her face was fractured at least once, almost every bone in her skull was fractured, a tooth was missing, her left eye was collapsed, her right eye had hemorrhaged, there were two large incisions in her chest, her left lung had been removed, she had 180 postmortem wounds, and all of her fingers and both thumbs had been cut off.
On February 26, 1994, a group of hikers on Bald Rock Mountain discovered Deblieux’s mutilated body and called the police. The body was taken to the medical examiner’s office, where a full autopsy was conducted. The autopsy revealed that Deblieux’s face was covered with lacerations, every bone in her face was fractured at least once, almost every bone in her skull was fractured, a tooth was missing, her left eye was collapsed, her right eye had hemorrhaged, there were two large incisions in her chest, her left lung had been removed, she had 180 post- mortem stab wounds, and all of her fingers and both thumbs had been cut off.
Neil and Seganish, page 3
Kenneth Loggins v. Thomas, 09-13267 (11th Cir. 2011), page 5
In the weeks following the murder, when Loggins and the other three murderers “seem[ed] bored,” they ““would kind of jokingly say let’s go pick up a hitchhiker” and allude to other facts of their crime. A member of the group showed a friend of his one of Deblieux’s severed fingers, which he had been keeping in a ziplock bag. That led to the arrest of all four participated in Deblieux’s murder.
In the weeks following the murder, when Loggins and the other three murderers “seem[ed] bored,” they “would kind of jokingly say let’s go pick up a hitchhiker” and allude to other facts of their crime. A member of the group showed a friend of his one of Deblieux’s severed fingers, which he had been keeping in a ziplock bag. That led to the arrest of all four of those who had participated in Deblieux’s murder.

Neil and Seganish, pages 3-4:
Questions
1. Decide the case morally. Not legally. Ignore the law.
2. Decide the case under the law, support your verdict with arguments and show the weaknesses (if any) in the case decision.
3. Write a judicial opinion. Imagine that you have taken an oath to uphold the law. Don’t appeal to your personal morality.
4. Hold a discussion in which your group takes on the role of the prosecutors deciding how to prosecute the case.
5. Hold a discussion in which your group takes on the role of the jury. Your job is to reach consensus, if you can. You are not bound by the constraints that bind judges and you have the power, if not also the right, of nullification.
6. Hold a discussion in which the group takes on the role of the legislative subcommittee charged with drafting a new statute for this type of case. What would you write into the new law. And how would you reach those decisions?
7. What is the legal rule of law at issue in this case?
8. After reading the case, do you think that the decision is straight forward?
  • Decide the case morally, not legally. Ignore the law. Did these men do anything wrong? Or decide the case under the law as it ought to be, not under the law as it is.
  • Write a judicial opinion. Imagine that you have taken an oath to uphold the laws of Newgarth. Don't appeal to your personal morality unless the law and your oath allow you to do so. In my view, this is the best first assignment on the case, especially if the various judges (students in the course) can compare their views and discuss their differences before and after they write their opinions.
  • Hold a discussion in which the group takes on the role of a committee of district attorneys (prosecutors) deciding whether to prosecute the spelunkers for murder.
  • Hold a discussion in which the group takes on the role of the jury. Hence your job is to reach consensus, if you can. You are not bound by the constraints that bind judges and you have the power, if not also the right, of nullification.











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