Ashley Toye – Cash Feenz case update

Ashley Toye

Ashley Toye mug shot

Ashley Toye, the girlfriend of Cash Feenz ringleader Kemar Johnson, had her motion for new sentence considered, and denied a few days ago.  I missed the hearing, unfortunately, but Matt Grant from Fox4 news was there with the details.  Ms. Toye’s case is interesting, as she was a juvenile at the time of the offense, and was sentenced to a mandatory life sentence, in spite of the fact that she was not involved in the actual killing.  Recent Supreme Court decisions cast that automatic life sentence into doubt.  However, a judge in Miami has ruled that the ruling is not retroactive, and Ms. Toye’s judge ruled that the sentence would stand.  Ms. Toye’s attorney, Stu Pepper, intends to continue trying to get her sentence reconsidered.

Off the cuff, it strikes me that even if the ruling isn’t retroactive, it would still hold that if the sentence was unconstitutional, Ms. Toye’s sentence would also be unconstitutional, regardless of the timing of the ruling.  Mr. Pepper has a long road in front of him, as the courts all over the country are dealing with how to handle the Supreme Court’s rulings regarding juvenile sentencing.

Apparently Ms. Toye will be profiled tonight on Fox4, including an interview in jail.  I can’t find the promo online, but I presume it will be during the 10 o’clock newscast.

For more reading, check out the Sentencing Law and Policy blog, which has had extensive coverage of the Graham and Miller ramifications.  Additionally, we have discussed it a few times here on Crimcourts.


6 responses to “Ashley Toye – Cash Feenz case update

  1. I am typing a brief on Miller v Alabama for my criminal law class today, how timely. Seems to me the Miami judge is in error from my admittedly under educated point of view. If I’m right, it is the mandatory nature of the sentence that is most offensive, since it does.not take into account the differences in juvenile offenders. I’d imagine she’ll be successful on appeal.

  2. I agree that *Miller deals with the mandatory nature of the sentence, so I don’t see how it would not be applicable in Ms. Toye’s case. I have not seen the Miami ruling, but I suspect it may be a procedural ruling: for instance, it may not be available on appeal, and must be handled by a post-conviction motion or something like that. If mandatory life sentences are inherently unconstitutional, that’s not likely to be limited only to cases going forward. It would be another thing if the judge reviewed the facts and said, “I’m giving you life anyway.” Which could still be a conceivable result under *Miller.

  3. im sorry to disagree with some of yall but if that was my family menbers i would be there each and evert time one of these 6 ppl went to court and i would say NO to ever letting them out. they should have to stay in jail the rest of their lifes and never never get out. i agree with the dad of this man that was the ring leader that he dont feel sorry for these ppl that r in jail and that he is going to tell these 3 children when they get older what happens when u hang out with bad ppl. i pray that god never lets them out

  4. the fact that Ashley didn’t pull the trigger isn’t relevant. in most states you are just as guilty of the person who did the actual killing if you are present. the right hand commits the murder and the left hand pays for it as well. As far as her sentence being unconstitutional the law doesn’t apply to retroactive cases. this monster got everything she deserves. it’s not like she was 13 years old. she was 17. had this happened a few months down the line she would have been 18 and subject to all the punishments adults get including the death penalty. I dont care if she didn’t pull the trigger. many people who sit on death row didn’t pull the trigger either(like someone who puts a contract on someone’s life and the hit is carried out..yeah they are entitled to a needle in the arm a much as the person who pulled the trigger). Ashley got what she deserves and these bleeding hearts that say she deserves a second chance should A) think about what you would want to happen if it were you’re family members that were snuffed out and B) take a look at her interrogation footage…wow is all I have to say. talk about ice water running through someone’s veins.

  5. i was in jail with rivera and i had felt bad and hoped that she would get out and live a normal life but the older and wiser i get the bell go’s off ( like ding ding ding. you dumb ass these people killed two boys for no reason, why would you want any of them to get out and breath the same air a good person breaths?? ) then i realize how stupid i was when i was younger and how not one of them should see the florida sun or smell the beach, they need to die in prison. and not by the chair! they should sit so they can think about what the f they did i would not want to make it easy for them ya know what i mean?? well thank you for reading what i have o say

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