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13 Florida opinions name it 2 courts 2013–2023 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 |
|---|---|---|
State of Florida v. Anthony Duwayne Horsley, Jr.green2 sentences2023See Horsley, 160 So. 3d at 404 (“Juveniles convicted of nonhomicide offenses, thereby implicating Graham rather than Miller, also may be sentenced to life imprisonment if the trial court, after considering the specified factors during an individualized sentencing hearing, determines that a life sentence is appropriate.”). 7 Importantly, the factors set forth in § 921.1401 differ from those in § 921.1402. 2016See Horsley, 160 So. 3d at 404 (“Juveniles convicted of nonhomicide offenses, thereby implicating Graham rather than Miller, - 11 - also may be sentenced to life imprisonment if the trial court, after considering the specified factors during an individualized sentencing hearing, determines that a life sentence is appropriate.” (citing ch. 2014-220 §§ 1, 3, Laws of Fla.)). | 3 | 5 |
Miller v. Alabamagreen2 sentences2017Because he was seventeen years and twenty-nine days old at the time of the offense, the trial court conducted an individualized sentencing hearing pursuant to Miller v. Alabama, 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012) to determine whether life imprisonment was appropriate. 2017Because he was seventeen years and twenty-nine days old at the time of the offense, the trial court conducted an individualized sentencing hearing pursuant to Miller v. Alabama, 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012) to determine whether life imprisonment was appropriate. | 1 | 4 |
Darriue Montgomery v. Stategreen1 sentence2019Miller so long as the juvenile was afforded an individualized sentencing hearing pursuant to section 921.1401 and is later afforded periodic judicial review of his or her sentence as provided in section 921.1402"); Montgomery v. State, 230 So. 3d 1256, 1263 (Fla. 5th DCA 2017) (holding that "the mandatory twenty-five-year minimum sentence [imposed pursuant to 10-20-Life statute] does not constitute cruel and unusual punishment when applied to a juvenile offender as long as he or she gets the mandated judicial review" required under section 921.1402); St. | 1 | 1 |
FELIX JOSUE MARTINEZ v. STATE OF FLORIDAgreen1 sentence2019See Martinez v. State, 256 So. 3d 897, 900 (Fla. 4th DCA 2018) (rejecting claim that twenty-five-year minimum mandatory term under the 10-20-Life statute is unconstitutional; "a sentence with a non-life minimum mandatory imposed against a juvenile offender facing a potential life sentence does not violate . . . | 1 | 1 |
Blanchard St. Val v. State of Floridagreen1 sentence2019Val, 174 So. 3d at 450 (holding that "[u]nlike life without parole and death sentences, appellant's twenty-five-year mandatory minimum sentence is not permanent and affords definite release" and is thus constitutional). | 1 | 1 |
Sidney Norvil, Jr. v. State of Floridagreen1 sentence2017Norvil v. State, 191 So.3d 406, 410 (Fla. 2016). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Graham v. Florida
green
2 sentences2015Following a motion to correct sentencing error, the trial court conducted an individualized sentencing hearing at which it heard witness testimony and applied the Supreme Court’s rulings in Miller v. Alabama, — U.S. -, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012), and Graham v. Florida, 560 U.S. 48 , 130 S.Ct. 2011 , 176 L.Ed.2d 825 (2010). 2015Following a motion to correct sentencing error, the trial court conducted an individualized sentencing hearing at which it heard witness testimony and applied the Supreme Court’s rulings in Miller v. Alabama, — U.S. -, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012), and Graham v. Florida, 560 U.S. 48 , 130 S.Ct. 2011 , 176 L.Ed.2d 825 (2010). | 3 | 2015–2015 |
Kendall Young v. State
green
1 sentence2018Id. at 209 . | 1 | 2018–2018 |
Montgomery v. Louisiana
green
2 sentences2017In Montgomery v. Louisiana, — U.S. —, 136 S.Ct. 718, 735 , 193 L.Ed.2d 599 (2016), the Court determined that Miller should be applied retroactively, also emphasizing that “[a] hearing where ‘youth and its attendant characteristics’ are considered as sentencing factors is necessary to separate those juveniles who may be sentenced to life without parole from those who may not.” In response, Florida and other states passed legislation in order to satisfy the procedural requirements set forth in Miller, specifying that the trial court shall conduct an individualized sentencing hearing when conside 2017In Montgomery v. Louisiana, — U.S. —, 136 S.Ct. 718, 735 , 193 L.Ed.2d 599 (2016), the Court determined that Miller should be applied retroactively, also emphasizing that “[a] hearing where ‘youth and its attendant characteristics’ are considered as sentencing factors is necessary to separate those juveniles who may be sentenced to life without parole from those who may not.” In response, Florida and other states passed legislation in order to satisfy the procedural requirements set forth in Miller, specifying that the trial court shall conduct an individualized sentencing hearing when conside | 1 | 2017–2017 |
Roper v. Simmons
green
2 sentences2015The Supreme Court found that its holdings in Roper v. Simmons, 543 U.S. 551 , 125 S.Ct. 1183 , 161 L.Ed.2d 1 (2005)—that the Eighth Amendment bars the death penalty for all juvenile offenders under the age of eighteen — and Graham v. Florida, 560 U.S. 48 , 130 S.Ct. 2011 , 176 L.Ed.2d 825 (2010)—that the Eighth Amendment bars a sentence of life without the possibility' of parole for juveniles convicted of nonhomicide offenses — led to the conclusion that the Eighth Amendment bars a mandatory sentence of life without parole for juveniles convicted of homicide. 2015The Supreme Court found that its holdings in Roper v. Simmons, 543 U.S. 551 , 125 S.Ct. 1183 , 161 L.Ed.2d 1 (2005)—that the Eighth Amendment bars the death penalty for all juvenile offenders under the age of eighteen — and Graham v. Florida, 560 U.S. 48 , 130 S.Ct. 2011 , 176 L.Ed.2d 825 (2010)—that the Eighth Amendment bars a sentence of life without the possibility' of parole for juveniles convicted of nonhomicide offenses — led to the conclusion that the Eighth Amendment bars a mandatory sentence of life without parole for juveniles convicted of homicide. | 1 | 2015–2015 |
Morris v. State
green
1 sentence2015Weekly D1948 , 2015 WL 4965907 (Fla. 2d DCA Aug. 21, 2015) (remanding for similar individualized' sentencing hearing). | 1 | 2015–2015 |
Daugherty v. State
green
1 sentence2015In Daugherty v. State, 96 So.3d 1076 (Fla. 4th DCA 2012), review granted, No. SC14-860, 2014 WL 7251739 (Fla. Dec. 17, 2014), the Fourth District reversed a juvenile's life sentence for second-degree murder and remanded for an individualized sentencing hearing in accordance with Miller . | 1 | 2015–2015 |
Williams v. State
green
1 sentence2015See 160 So.3d at 408 (“[A]ll juvenile offenders must receive individualized consideration before the imposition of a life sentence and .,. most juvenile offenders are eligible for a subsequent judicial review of their.,sentences.”); Williams v. State, 171 So.3d 143 (Fla. 5th DCA 2015) (recognizing, the supreme court’s rejection of the statutory revival remedy, reversing juvenile defendant’s sentence for first-degree murder, and remanding for an individualized sentencing hearing); see also Morris v. State, — So.3d —, 40 Fla. L. | 1 | 2015–2015 |
Landrum v. State
green
1 sentence2015Landrum, 163 So.3d 1261 . | 1 | 2015–2015 |
Gonzalez v. State
green
1 sentence2013The trial court properly denied relief, citing this Court’s decision in Gonzalez v. State, 101 So.3d 886 (Fla. 1st DCA 2012) as well as the Third District’s decision in Geter v. State, — So.3d -, 2012 WL 4448860 , 37 Fla. L. | 1 | 2013–2013 |
Geter v. State
green
1 sentence2013The trial court properly denied relief, citing this Court’s decision in Gonzalez v. State, 101 So.3d 886 (Fla. 1st DCA 2012) as well as the Third District’s decision in Geter v. State, — So.3d -, 2012 WL 4448860 , 37 Fla. L. | 1 | 2013–2013 |
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.