FLORIDA SUPREME COURT RULES JUVENILES WHO WERE SENTENCED TO LIFE WITHOUT PAROLE ARE ENTITLED TO RESENTENCING
Miller v. Alabama is a 2012 Supreme Court of the United States (SCOTUS) decision that held that juvenile offenders cannot be given a mandatory sentence of life in prison without the possibility of parole. To sentence a juvenile to life in prison without the possibility of parole would violate the United States Constitution's Eighth Amendment protection against cruel and unusual punishment.
The Florida Supreme Court held:
Miller applies retroactively to any juvenile offender seeking to challenge the constitutionality of his or her sentence pursuant to Miller through collateral review. Under Florida Rule of Criminal Procedure 3.850(b)(2), any affected juvenile offender shall have two years from the time the mandate issues in this case to file a motion for post-conviction relief in the trial court seeking to correct his or her sentence pursuant to Miller.
Once the trial court is presented with a timely motion under rule 3.850 from any juvenile offender whose sentence is unconstitutional under Miller the court shall conduct a resentencing proceeding.
Although the Court may still sentence a juvenile to life without parole. The sentence cannot be based on a mandatory sentencing statute. Instead sentencing a juvenile to life without parole must be made after a judge considers several factors, including the juvenile's personal background, maturity, and criminal history.
It is currently estimated that hundreds of juveniles will qualify for resentencing, and it is possible, depending on the sentence the juvenile receives on remand, that they will be immediately eligible for a sentence review and release.
Appeals Law Group is a Florida based appellate and post-conviction law firm dedicated to fighting for our clients. Contact us now for a free consultation for your case and find out how we might be able to help.
- Florida Rules of Appellate Procedure
- Waiver of Right to Appeal in New York
- Appeal To Uphold Prayer at Public Meetings
- Federal Appeal Ruled Against Texas ID Law
- FLORIDA SUPREME COURT RULES JUVENILES WHO WERE SENTENCED TO LIFE WITHOUT PAROLE ARE ENTITLED TO RESENTENCING
- Discrimination in Jury Selection
- Can My Spouse Testify Against Me At My Criminal Trial?
- Correcting or Reducing a Federal Sentence: Rule 35
- What is a Motion for Appropriate Relief in North Carolina?
- Removal from the North Carolina Sex Offender Registry
- How to Appeal to the North Carolina Court of Appeals
- North Carolina Court of Appeals Rules Instinctive Actions by Police Dogs are not a Search Under the Fourth Amendment
- HOW DO I GET MY FEDERAL CONVICTION EXPUNGED?
- Is The Texas Prosecutor Withholding Evidence In Your Case?
- Habeas Corpus Relief: Certificate of Appealability
- Texas Court of Criminal Appeals Strikes Down Upskirt Statute as Unconstitutional