« "Frail and Elderly Prisoners: Do They Still Belong Behind Bars?" | Main | Former Liberian leader sentenced to 50 years for war crimes at ICC »

May 29, 2012

Florida courts struggling with how to apply Graham to multi-decade juve sentences

This new AP piece, headlined "Fla. justices asked to rule on juvenile sentences," reports on how state courts in the Sunshine State are still struggling through the impact and implications of the Supreme Court's Eighth Amendment ruling limiting juve LWOP sentences for nonhomicide offenses.  Here are the details:

A three-judge appellate panel on Tuesday asked the Florida Supreme Court to decide the constitutionality of a 70-year prison sentence for a teenager convicted of attempted first-degree murder in Jacksonville.  The Florida 1st District Court of Appeal panel certified the issue to the justices as a question of great public importance.

Meanwhile, the state is appealing a decision by another 1st District panel that reversed a Pensacola inmate's 80-year sentence for a pair of armed robberies committed when he was 17.

They are among several cases arising from a U.S. Supreme Court ruling last year, also in a Florida case, that sentencing juveniles to life in prison for non-homicide crimes is unconstitutionally cruel and unusual punishment.  The high court ruling came in the case of Terrance Graham, who was initially sentenced to life in prison.  The sentence was then reduced to 25 years in prison....

The state is appealing a 1st District ruling in April that reversed Antonio Demetrius Floyd's 80-year sentence.  A three-judge appellate panel ruled a sentence that long is the functional equivalent of life in prison.  Floyd originally received a life sentence but it was reduced after the U.S. Supreme Court ruling.

Tuesday's certification came in the case of Shimeek Grindine, who was 14 when he shot a man during a 2009 robbery attempt.  The appellate court previously affirmed Grindine's sentence in December on a 2-1 vote.  The dissenting judge, James R. Wolf, wrote that he was at a loss on how to apply the U.S. Supreme Court's ruling in the case of Graham, also from Jacksonville, because the Legislature abolished parole in Florida.

"Is a 60-year sentence lawful, but a 70-year sentence not?" Wolf asked. "Regardless, it is clear to me that appellant will spend most of his life in prison. This result would appear to violate the spirit, if not the letter, of the  Graham decision."

The Legislature this year considered but did not pass bills that would have addressed the issue. They would have let a judge reduce a sentence of 10 or more years for non-homicide crimes committed as a juvenile once an inmate was at least 25 years old.

May 29, 2012 at 09:58 PM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e2016305f7e308970d

Listed below are links to weblogs that reference Florida courts struggling with how to apply Graham to multi-decade juve sentences:

Comments

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB