Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
18 Florida opinions name it 2 courts 1999–2024 1 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rusniaczek v. Tableau Fine Art Group, Inc.green2 sentences2018Rusniaczek v. Tableau Fine Art Grp., Inc., 139 So. 3d 355, 337 (Fla. 3d DCA 2014).1 Affirmed in part; reversed in part and remanded. 1 We express no opinion as to the merits of Graham’s claim that the September 15, 2016 final judgment was the result of fraud, nor do we express an opinion regarding any of appellee’s defenses asserted to Graham’s claim. 2 2018Rusniaczek v. Tableau Fine Art Grp., Inc., 139 So. 3d 355, 337 (Fla. 3d DCA 2014).1 Affirmed in part; reversed in part and remanded. 1 We express no opinion as to the merits of Graham’s claim that the September 15, 2016 final judgment was the result of fraud, nor do we express an opinion regarding any of appellee’s defenses asserted to Graham’s claim. 2 | 2 | 2 |
Abrakata v. Stategreen2 sentences2019See, e.g., Davis v. State, 214 So. 3d 799 (Fla. 1st DCA 2017) (rejecting Graham challenge to 35-year sentence); Abrakata v. State, 168 So. 3d 251, 252 (Fla. 1st DCA 2015) (rejecting Graham challenge because “Appellant will be in his early forties when he is released from prison”), rev. denied, SC15- 1325 (Fla. Jan. 3, 2017); Austin v. State, 127 So. 3d 1286, 1287 (Fla. 1st DCA 2013) (upholding 45-year sentence). 2018Id. at 252 . | 1 | 2 |
Henry v. Stategreen2 sentences2017Henry, 175 So.3d at 680 . 2015I recognize that the Supreme Court in Henry v. State, 175 So.3d 675, 680 (Fla.2015), ruled that Henry, a Graham defendant, should be resentenced under the 2014 law, even though the “unique circumstances” present with Miller defendants do not seem to be present with Graham defendants. | 1 | 2 |
Graham v. Floridagreen2 sentences2015See 560 U.S. at 74-75 , 130 S.Ct. 2011 . 2015See 560 U.S. at 74-75 , 130 S.Ct. 2011 . | 1 | 2 |
Austin v. Stategreen1 sentence2019See, e.g., Davis v. State, 214 So. 3d 799 (Fla. 1st DCA 2017) (rejecting Graham challenge to 35-year sentence); Abrakata v. State, 168 So. 3d 251, 252 (Fla. 1st DCA 2015) (rejecting Graham challenge because “Appellant will be in his early forties when he is released from prison”), rev. denied, SC15- 1325 (Fla. Jan. 3, 2017); Austin v. State, 127 So. 3d 1286, 1287 (Fla. 1st DCA 2013) (upholding 45-year sentence). | 1 | 1 |
Davis v. Stategreen1 sentence2019See, e.g., Davis v. State, 214 So. 3d 799 (Fla. 1st DCA 2017) (rejecting Graham challenge to 35-year sentence); Abrakata v. State, 168 So. 3d 251, 252 (Fla. 1st DCA 2015) (rejecting Graham challenge because “Appellant will be in his early forties when he is released from prison”), rev. denied, SC15- 1325 (Fla. Jan. 3, 2017); Austin v. State, 127 So. 3d 1286, 1287 (Fla. 1st DCA 2013) (upholding 45-year sentence). | 1 | 1 |
Rebecca Lee Falcon v. State of Floridagreen2 sentences2017See also Falcon v. State, 162 So. 3d 954, 963 (Fla. 2015). 2017See also Falcon v. State, 162 So.3d 954, 963 (Fla. 2015). | 1 | 1 |
State of Florida v. Anthony Duwayne Horsley, Jr.green2 sentences2017In considering a remedy for a Graham violation, our supreme court concluded in Horsley v. State, 160 So. 3d 393, 394-95, 405 (Fla. 2015), that chapter 2014- 220, Laws of Florida, brought Florida's juvenile sentencing statutes into compliance with Graham and provided an appropriate remedy for all juvenile offenders whose sentences are unconstitutional even when, as here, the juvenile's offense was committed prior to the July 1, 2014, effective date of the legislation. 2017In considering a remedy for a Graham violation, our supreme court concluded in Horsley v. State, 160 So.3d 393, 394-95, 405 (Fla. 2015), that chapter 2014-220, Laws of Florida, brought Florida’s juvenile sentencing statutes into compliance with Graham and provided an appropriate remedy for all juvenile offenders whose sentences are unconstitutional even when, as here, the juvenile’s offense was committed prior to the July 1, 2014, effective date of the legislation. | 1 | 1 |
Landrum v. Stategreen2 sentences2016See Atwell, 128 So.3d at 169 . 2016See Atwell, 128 So.3d at 169 . | 1 | 1 |
Shimeeka Daquiel Gridine v. State of Floridagreen2 sentences2015See also Gridine v. State, 175 So.3d 672 (Fla.2015) (holding that Graham prohibits a 70-year sentence for a juvenile nonhomicide offender). 2015As to Graham defendants, the supreme court has required re-resen-tencing only where the initial resentence is life or de facto life, as in Henry (ninety years) and Gridine v. State, 175 So.3d 672 (Fla.2015) (seventy years). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Lightsey v. Stategreen1 sentence2014Id. (emphasis in original); but see Lightsey v. State, 112 So.3d 616, 617-18 (Fla. 3d DCA 2013) (reversing an unpreserved Graham error because it was “so obvious” that the failure to raise it “clearly constitute[d] ineffective assistance of counsel”). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Virginia v. LeBlanc
green
2 sentences2024Id. at 94 . 2024The court relied upon Virginia v. LeBlanc, 582 U.S. 91 (2017), where the United States Supreme Court held that Virginia’s geriatric release program was not an unreasonable application of Graham’s rule that a juvenile offender must have a meaningful opportunity to obtain release based on rehabilitation and other factors. | 1 | 2024–2024 |
Louis Anthony McCrae v. State of Florida
green
2 sentences2020McCrae, 267 So. 3d at 471-72 . 2020McCrae, 267 So. 3d at 471-72 . | 1 | 2020–2020 |
Thomas Kelsey v. State of Florida
green
1 sentence2020Id. at 10 . - 11 - Given that the Court in Kelsey expressly and repeatedly stated that it was narrowly deciding only the issue framed by the rephrased certified question, and that the “decisional path” or “path of reasoning” in Kelsey is less than clear, it makes more sense to read the questionable language as a statement of the necessity of including judicial review and an opportunity for early release in the remedy for any Graham violation and not as a means of defining when an Eighth Amendment violation occurs. | 1 | 2020–2020 |
Davis v. State
green
2 sentences2018The trial court denied appellant’s motion based in part upon this court’s decision in Davis v. State, 199 So. 3d 546 (Fla. 4th DCA 2016), which involved a 75-year sentence challenged in a motion for postconviction relief. 2018The trial court denied appellant’s motion based in part upon this court’s decision in Davis v. State, 199 So. 3d 546 (Fla. 4th DCA 2016), which involved a 75-year sentence challenged in a motion for postconviction relief. | 1 | 2018–2018 |
United States v. Paul Merez Graham
green
2 sentences2017In affirming the denial of Graham’s motion to suppress, the Eleventh Circuit held that the detective’s statements to Graham “merely confirmed what Graham already understood, namely, that he might be able to benefit in the future if he cooperated.” Id. at 800 . 2017In affirming the denial of Graham’s motion to suppress, the Eleventh Circuit held that the detective’s statements to Graham “merely confirmed what Graham already understood, namely, that he might be able to benefit in the future if he cooperated.” 13 Id. at 800 . | 1 | 2017–2017 |
Alzamora v. State
neutral
2 sentences2015Alzamora v. State, 152 So.3d 865 (Fla. 5th DCA 2014) (finding that because the trial court failed to address a claim, remand was necessary so that it could properly consider that claim). 2015Alzamora v. State, 152 So.3d 865 (Fla. 5th DCA 2014) (finding that because the trial court failed to address a claim, remand was necessary so that it could properly consider that claim). | 1 | 2015–2015 |
Jackson v. State
green
1 sentence2014Id. (emphasis in original); but see Lightsey v. State, 112 So.3d 616, 617-18 (Fla. 3d DCA 2013) (reversing an unpreserved Graham error because it was “so obvious” that the failure to raise it “clearly constitute[d] ineffective assistance of counsel”). | 1 | 2014–2014 |
Petition of Graham ex rel. Nine Condemned Men v. State
green
2 sentences2009Graham, 372 So.2d at 1366 . 2009Graham, 372 So.2d at 1366 . | 1 | 2009–2009 |
Graham v. State
neutral
2 sentences2003Previously, in Graham v. State, 825 So.2d 492 (Fla. 2d DCA 2002), this court affirmed the denial of Graham's rule 3.800(a) motion seeking jail credit "without prejudice to any right Graham may have to file a timely motion pursuant to Florida Rule of Criminal Procedure 3.850 if she wishes to challenge the factual accuracy of the trial court's records concerning the dates she was in jail." Id. 2003Previously, in Graham v. State, 825 So.2d 492 (Fla. 2d DCA 2002), this court affirmed the denial of Graham's rule 3.800(a) motion seeking jail credit "without prejudice to any right Graham may have to file a timely motion pursuant to Florida Rule of Criminal Procedure 3.850 if she wishes to challenge the factual accuracy of the trial court's records concerning the dates she was in jail." Id. | 1 | 2003–2003 |
Williams v. State
green
2 sentences2002For example, in Williams , the defendant requested an appointed lawyer before the trial court determined the need for an evidentiary hearing. 472 So.2d at 739 . 2002For example, in Williams , the defendant requested an appointed lawyer before the trial court determined the need for an evidentiary hearing. 472 So.2d at 739 . | 1 | 2002–2002 |
Stoll v. Noel
green
1 sentence1999The trial court granted Graham's motion for summary judgment, ruling that the case was controlled by Stoll v. Noel, 694 So.2d 701 (Fla.1997). | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.