ATLANTA — Three years ago, Perry teen Sam Poss was murdered by two of his classmates.
Now, one of them is appealing his sentence to the Georgia Supreme Court.
On Wednesday, Dakota White sat in prison while Sam's parents, Nicole and Christian Poss, sat in a Georgia Supreme courtroom.
They listened to arguments about why one of their son's convicted killers should have the opportunity to one day be released.
"I miss my baby," said Nicole. "A whole bunch."
"I know it’s part of the process, but it’s still rough to have to go through it each time. Sam didn’t get so many chances," said Christian.
Courts have ruled that under the 8th Amendment, juvenile offenders can’t be sentenced to life without parole unless the trial judge makes a “specific determination."
Last year, at his sentencing hearing, Houston County Superior Court Judge Edward Lukemire did that.
The judge said White was one of the few juvenile offenders who deserves this punishment, calling him "irreparably corrupt."
"I think the courts need to make definitions of the words 'incorrigible' and 'irreparable,'" said Nicole.
White’s attorneys argue their client could be rehabilitated, and the state should have to “prove beyond a reasonable doubt” that White can't be rehabbed.
“Sam’s life was taken and I think, I believe that Dakota’s life needs to be changed completely. I just don’t feel like he’s safe out of prison," said Nicole.
Houston County prosecutors maintain that Judge Lukemire ruled correctly, and that a trial judge can decide if a life sentence with our without the possibly of parole is appropriate.
“Who knows what they will come up with, because they were asking hard questions of both parties," said Christian.
Dakota White is still serving a life sentence in prison, along with his co-defendant, Brandon Warren.
Warren and White stabbed and strangled Poss, their high school classmate, in October 2016 and buried his body in the woods outside Perry.
The two teens testified against each other, each saying the other was mostly responsible.
Warren was also sentenced to life without possible parole.
SAM POSS CASE HISTORY
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