Graham violation (Florida) · Go Syfert
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Graham violation in Florida

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.

Followed or applied (10)

CaseFollowedCited
Rusniaczek v. Tableau Fine Art Group, Inc.green
fladistctapp · 2014 · cited in 2 Florida opinions naming this issue, 2018–2018
2 sentences

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

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

22
Abrakata v. Stategreen
fladistctapp · 2015 · cited in 2 Florida opinions naming this issue, 2018–2019
2 sentences

2019See, 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 .

12
Henry v. Stategreen
fla · 2015 · cited in 2 Florida opinions naming this issue, 2015–2017
2 sentences

2017Henry, 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.

12
Graham v. Floridagreen
scotus · 2010 · cited in 2 Florida opinions naming this issue, 2014–2015
2 sentences

2015See 560 U.S. at 74-75 , 130 S.Ct. 2011 .

2015See 560 U.S. at 74-75 , 130 S.Ct. 2011 .

12
Austin v. Stategreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019See, 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).

11
Davis v. Stategreen
fladistctapp · 2017 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019See, 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).

11
Rebecca Lee Falcon v. State of Floridagreen
fla · 2015 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

2017See also Falcon v. State, 162 So. 3d 954, 963 (Fla. 2015).

2017See also Falcon v. State, 162 So.3d 954, 963 (Fla. 2015).

11
State of Florida v. Anthony Duwayne Horsley, Jr.green
fla · 2015 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

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.

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.

11
Landrum v. Stategreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2016–2016
2 sentences

2016See Atwell, 128 So.3d at 169 .

2016See Atwell, 128 So.3d at 169 .

11
Shimeeka Daquiel Gridine v. State of Floridagreen
fla · 2015 · cited in 1 Florida opinions naming this issue, 2015–2015
2 sentences

2015See 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).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Lightsey v. Stategreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2014–2014
1 sentence

2014Id. (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”).

11

Also cited on this issue (11)

CaseCitedYears
Virginia v. LeBlanc green
scotus · 2017
2 sentences

2024Id. 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.

12024–2024
Louis Anthony McCrae v. State of Florida green
fladistctapp · 2019
2 sentences

2020McCrae, 267 So. 3d at 471-72 .

2020McCrae, 267 So. 3d at 471-72 .

12020–2020
Thomas Kelsey v. State of Florida green
fla · 2016
1 sentence

2020Id. 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.

12020–2020
Davis v. State green
fladistctapp · 2016
2 sentences

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.

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.

12018–2018
United States v. Paul Merez Graham green
ca11 · 2009
2 sentences

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.” 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 .

12017–2017
Alzamora v. State neutral
fladistctapp · 2014
2 sentences

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).

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).

12015–2015
Jackson v. State green
fla · 2008
1 sentence

2014Id. (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”).

12014–2014
Petition of Graham ex rel. Nine Condemned Men v. State green
fla · 1979
2 sentences

2009Graham, 372 So.2d at 1366 .

2009Graham, 372 So.2d at 1366 .

12009–2009
Graham v. State neutral
fladistctapp · 2002
2 sentences

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.

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.

12003–2003
Williams v. State green
fla · 1985
2 sentences

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 .

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 .

12002–2002
Stoll v. Noel green
fla · 1997
1 sentence

1999The 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).

11999–1999

Statutes the citing opinions construe

FL § 921.1402 (6) FL § 775.082 (4) FL § 921.1401 (3) FL § 947.16 (3)

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.

Where else courts name it

CA 28 (1977–2025) FL 18 (1999–2024) TX 16 (1993–2025) OH 16 (2006–2026) GA 12 (1988–2026) MD 11 (1975–2022) WA 11 (1992–2021) KS 11 (1998–2022) MS 9 (2006–2026) IN 8 (1975–2019) IA 8 (1997–2024) IL 7 (1985–2018) DC 5 (1991–2025) AR 5 (2014–2020) SC 5 (2012–2021) UT 4 (2011–2021) TN 4 (1980–2025) NY 4 (2013–2021) AL 4 (1884–2016) AZ 4 (2000–2020) NM 4 (2018–2022) CT 4 (1999–2019) NE 4 (2000–2017) NJ 3 (2006–2015) PA 3 (1980–2026) LA 2 (2000–2018) ME 2 (1994–2010) DE 2 (1994–1996) VA 2 (2000–2020) MA 2 (2011–2018) KY 2 (1983–1993) WI 2 (2019–2021) CO 2 (1994–2013) AK 2 (1992–2001) MN 2 (2013–2023) NV 2 (2015–2015) MO 2 (2017–2018)

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.

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