Facts: Ardith McPherson was appointed a deputy in the Constable’s office of Harris County, Texas, on January 12, 1981. Her duties were only clerical. On March 30, 1981, McPherson discussed with her boyfriend, and fellow employee, a report about an attempt to assassinate the President of the United States. She made the remark “If they go for him again, I hope they get him”. Her remark was reported to Constable Rankin, who fired McPherson, even though she told him she did not mean anything by it.
Procedural History: McPherson filed a complaint in the U.S. District Court for the Southern District of Texas, alleging that Rankin had violated her constitutional rights, and she …show more content…
Case Name: Roper v. Simmons Opinion, 543 U.S. 551 (2005)
Facts: Christopher Simmons, at the age of 17, planned and perpetrated burglary and murder. Christopher and his friend kidnapped Shirley Cook, tied her hands and feet with electrical wire, covered her face in duct tape, and threw her over a bridge. The next day her body was found in the river. After Simmons bragged to his friends about murdering Cook, Simmons was arrested and confessed to the murder.
Procedural History: Simmons was tried as an adult and charged with burglary, kidnapping, stealing, and first degree murder. There were no witnesses called by the defense. In mitigation, Simmons’ attorneys called an officer and his family to testify on his behalf. The defense counsel addressed his age, however, the trial judged accepted the recommendation of the death penalty. Simmons obtained new counsel because of ineffective assistance of counsel, but was denied the motion for post conviction relief.
Issue Presented: Whether it is lawful under the Eighth and Fourteenth Amendments to the Constitution to execute a juvenile offender who was older than 15 but younger than 18 when he committed a capital