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STATE EX REL. SIMMONS v. ROPER

No. SC 84454.

112 S.W.3d 397 (2003)

STATE ex rel. Christopher SIMMONS, Petitioner, v. Donald P. ROPER, Superintendent, Potosi Correctional Center, Respondent.

Supreme Court of Missouri, En Banc.

August 26, 2003.

Attorney(s) appearing for the Case

Jennifer L. Brewer, St. Louis, Patrick J. Berrigan, Watson & Dameron, L.L.P., Kansas City, for Petitioner.

Jeremiah W. (Jay) Nixon, Atty. Gen., Stephen D. Hawke, Assistant Attorney General, Jefferson City, for Respondent.

Elizabeth Unger Carlyle, Lee's Summit, for Amicus Curiae American Civil Liberties Union.

LAURA DENVIR STITH, Judge.

Christopher Simmons was sentenced to death for a murder he committed when he was 17 years old. He argues that to execute him for a crime committed when he was under 18 constitutes cruel and unusual punishment.

In Thompson v. Oklahoma, 487 U.S. 815, 108 S.Ct. 2687, 101 L.Ed.2d 702 (1988), the Supreme Court of the United States held that it constituted cruel and unusual punishment to execute persons...

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