The Florida Law Weekly

Is life without parole for juveniles convicted of homicide offenses a violation of the Eighth Amendment?
See what the state and federal courts have to say.

U.S. Court of Appeals, Eleventh Circuit

Criminal law -- Habeas corpus -- Murder -- Sentencing -- Life without parole -- Claim that sentence of life without parole for juvenile who commits murder is unconstitutional was adjudicated on merits in state court proceedings; and ADEPA deference is owed state trial and appellate court decisions that life without parole sentence, and procedures under which sentence was imposed, are not unconstitutional in light of Supreme Court decision -- Defendant failed to establish that state court decisions rejecting those claims were contrary to, or involved unreasonable application of, clearly established federal law, as determined by United States Supreme Court -- At time state court rendered its decision, no Supreme Court decision clearly established that, regardless of procedures used, any sentence of life without parole for juvenile who commits murder violates Eighth Amendment's prohibition against cruel and unusual punishment. Log in to read the full text.

Florida District Courts of Appeal

Criminal law--Sentencing--Cruel and/or unusual punishment--Non-homicide offenses committed when defendant was a juvenile--Defendant's combined eighty-year sentence for non-homicide offenses committed when defendant was seventeen violates the prohibition against cruel and unusual punishment--Sentence constitutes the functional equivalent of a life sentence without a meaningful or realistic opportunity to obtain release where sentence exceeds defendant's life expectancy--Remand for resentencing. Log in to read the full text.

Criminal law -- Felony murder -- Sentencing -- Cruel and/or unusual punishment -- Imposition of sentence of life imprisonment without possibility of parole on juvenile who was convicted of felony murder, but who did not actually commit the murder -- Felony murder is not a “nonhomicide” offense for purposes of categorical rule announced by U.S. Supreme Court in Graham v. Florida -- Florida's statutorily mandated life-without-parole sentence for juveniles convicted of felony murder when they were not the actual killer raises a sufficient risk of a cruel and unusual sentence that trial courts must consider whether such a sentence is proportionate given the circumstances of the juvenile's crime -- In such a case, trial court must engage in a case-specific analysis to determine whether the sentencing statute is unconstitutional as applied to the particular defendant. Log in to read the full text.

Criminal law -- Juveniles -- Sentencing -- Felony murder -- Defendant sentenced to consecutive life sentences without possibility of parole for two counts of kidnapping and first-degree felony murder resulting from events that occurred while defendant was a juvenile -- While defendant was present and participated in the kidnapping and torture of the victims, defendant did not actually commit the murders -- Sentences for felony murders are reversed and remanded for case-specific consideration of whether sentences are disproportionate -- Sentences for kidnappings are reversed because the constitutionality of the sentences hinges on whether trial court imposes life without parole for felony murders on remand where, in Graham v. Florida, the U.S. Supreme Court held that life without the possibility of parole was cruel and unusual punishment for juveniles who commit nonhomicide offenses, but noted an exception where nonhomicide offenses were committed in conjunction with homicide offenses. Log in to read the full text.

Criminal law -- Sentencing -- Felony murder -- Defendant sentenced to life without parole for felony murder as a result of a killing committed by codefendant while defendant was a juvenile -- Although U.S. Supreme Court held in Graham v. Florida that life without the possibility of parole was unconstitutional for juveniles convicted of nonhomicide offenses, appellate court classifies felony murder as a homicide offense -- While, under Arrington v. State, appellate court will require trial court to conduct case-specific analysis to determine if sentence is disproportionate where juvenile is convicted of felony murder but did not actually commit the homicide, appellate court declines to make decision in Arrington retroactive -- Additionally, Arrington does not create an avenue for relief at any time under rule 3.800(a). Log in to read the full text.

The First and Fifth District Courts of Appeal have held that a sentence to a term of years is not the equivalent of a life sentence.

Criminal law -- Sentencing -- Concurrent terms of fifty years in prison, imposed against defendant who was seventeen years old when he committed non-homicide offenses, were not functional equivalent of life sentences without possibility of parole and, accordingly, were not encompassed by U.S. Supreme Court holding that Eighth Amendment prohibits life sentences without possibility of parole for juveniles convicted of nonhomicide crimes. Log in to read the full text.

Criminal law -- Sentencing -- Holding of United States Supreme Court in Graham v. Florida that the Eighth Amendment prohibits life sentences without the possibility of parole for juveniles convicted of nonhomicide crimes does not prohibit imposition of seventy-year sentence on juvenile defendant convicted of attempted first-degree murder -- Seventy-year sentence is not the functional equivalent of a natural life sentence without the possibility of parole. Log in to read the full text.

Criminal law -- Sentencing -- Claim that aggregate term-of-years sentences for nonhomicide crimes, committed while defendant was a juvenile, operated as de facto life sentence in violation of Graham v. Florida and the Eighth Amendment -- While there is language in Graham that suggests that no matter the number of offenses or victims, a juvenile may not receive a sentence that will cause him to spend his entire life incarcerated, Graham offers no direction whatsoever on how to proceed under the notion that term-of-years sentence can be a de facto life sentence -- Defendant's aggregate term-of-years sentence is not invalid under the Eighth Amendment. Log in to read the full text.

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