Torres motion in Florida

5 Florida opinions name it 1 courts 1998–2016 0 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 (6)

Case	Followed	Cited
Lawton v. Stategreen fladistctapp · 2013 · cited in 2 Florida opinions naming this issue, 2015–2016 2 sentences 2016This Court affirmed his convictions. 2 The trial court denied Torres’ request for resentencing on count one based on Geter v. State, 115 So.3d 375, 384 (Fla. 3d DCA 2012), which held that Miller v. Alabama, — U.S. —, —, 132 S.Ct. 2455, 2469 , 183 L.Ed.2d 407 (2012), cannot be retroactively applied to “juvenile homicide offenders whose convictions and sentences were final as of June 25, 2012, the date 1241 Miller was issued.” The trial court also denied Torres’ motion based on Lawton v. State, 109 So.3d 825, 828-29 (Fla. 3d DCA 2013), in which this Court held that a juvenile offender can be le 2015*This Court affirmed his convictions.1 The trial court denied Torres’ request for resentencing on count one based on Geter v. State, 115 So. 3d 375, 384 (Fla. 3d DCA 2012), which held that Miller v. Alabama, 132 S. Ct. 2455, 2469 (2012), cannot be retroactively applied to "juvenile homicide offenders whose convictions and sentences were final as of June 25, 2012, the date Miller was issued." The trial court also denied Torres’ motion based on Lawton v. State, 109 So. 3d 825, 828-29 (Fla. 3d DCA 2013), in which this Court held that a juvenile offender can be legally sentenced to life imprisonmen	2	2
Geter v. Stategreen fladistctapp · 2012 · cited in 2 Florida opinions naming this issue, 2015–2016 2 sentences 2016This Court affirmed his convictions. 2 The trial court denied Torres’ request for resentencing on count one based on Geter v. State, 115 So.3d 375, 384 (Fla. 3d DCA 2012), which held that Miller v. Alabama, — U.S. —, —, 132 S.Ct. 2455, 2469 , 183 L.Ed.2d 407 (2012), cannot be retroactively applied to “juvenile homicide offenders whose convictions and sentences were final as of June 25, 2012, the date 1241 Miller was issued.” The trial court also denied Torres’ motion based on Lawton v. State, 109 So.3d 825, 828-29 (Fla. 3d DCA 2013), in which this Court held that a juvenile offender can be le 2015*This Court affirmed his convictions.1 The trial court denied Torres’ request for resentencing on count one based on Geter v. State, 115 So. 3d 375, 384 (Fla. 3d DCA 2012), which held that Miller v. Alabama, 132 S. Ct. 2455, 2469 (2012), cannot be retroactively applied to "juvenile homicide offenders whose convictions and sentences were final as of June 25, 2012, the date Miller was issued." The trial court also denied Torres’ motion based on Lawton v. State, 109 So. 3d 825, 828-29 (Fla. 3d DCA 2013), in which this Court held that a juvenile offender can be legally sentenced to life imprisonmen	2	2
Miller v. Alabamagreen scotus · 2012 · cited in 2 Florida opinions naming this issue, 2015–2016 2 sentences 2016This Court affirmed his convictions. 2 The trial court denied Torres’ request for resentencing on count one based on Geter v. State, 115 So.3d 375, 384 (Fla. 3d DCA 2012), which held that Miller v. Alabama, — U.S. —, —, 132 S.Ct. 2455, 2469 , 183 L.Ed.2d 407 (2012), cannot be retroactively applied to “juvenile homicide offenders whose convictions and sentences were final as of June 25, 2012, the date 1241 Miller was issued.” The trial court also denied Torres’ motion based on Lawton v. State, 109 So.3d 825, 828-29 (Fla. 3d DCA 2013), in which this Court held that a juvenile offender can be le 2016This Court affirmed his convictions. 2 The trial court denied Torres’ request for resentencing on count one based on Geter v. State, 115 So.3d 375, 384 (Fla. 3d DCA 2012), which held that Miller v. Alabama, — U.S. —, —, 132 S.Ct. 2455, 2469 , 183 L.Ed.2d 407 (2012), cannot be retroactively applied to “juvenile homicide offenders whose convictions and sentences were final as of June 25, 2012, the date 1241 Miller was issued.” The trial court also denied Torres’ motion based on Lawton v. State, 109 So.3d 825, 828-29 (Fla. 3d DCA 2013), in which this Court held that a juvenile offender can be le	1	2
Bean v. Stategreen fladistctapp · 2007 · cited in 1 Florida opinions naming this issue, 2007–2007 1 sentence 2007See Bean v. State, 949 So.2d 1207 (Fla. 4th DCA 2007).	1	1
Jacobs v. Stategreen fla · 2004 · cited in 1 Florida opinions naming this issue, 2005–2005 1 sentence 2005See Jacobs v. State, 880 So.2d 548, 551 (Fla.2004) (confirming that if “the motion [for post-conviction relief] is facially sufficient, [and] ... the claim is not conclusively refuted by the record ... [or] not otherwise procedurally barred, the trial court should hold an eyi-dentiary hearing to resolve the claim”). .	1	1
State v. Delaneygreen fladistctapp · 1987 · cited in 1 Florida opinions naming this issue, 1998–1998 1 sentence 1998See State v. Delaney, 517 So.2d 696 (Fla. 2d DCA 1987).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (2)

Case	Cited	Years
Graham v. Florida green scotus · 2010 2 sentences 2016This Court affirmed his convictions. 2 The trial court denied Torres’ request for resentencing on count one based on Geter v. State, 115 So.3d 375, 384 (Fla. 3d DCA 2012), which held that Miller v. Alabama, — U.S. —, —, 132 S.Ct. 2455, 2469 , 183 L.Ed.2d 407 (2012), cannot be retroactively applied to “juvenile homicide offenders whose convictions and sentences were final as of June 25, 2012, the date 1241 Miller was issued.” The trial court also denied Torres’ motion based on Lawton v. State, 109 So.3d 825, 828-29 (Fla. 3d DCA 2013), in which this Court held that a juvenile offender can be le 2016This Court affirmed his convictions. 2 The trial court denied Torres’ request for resentencing on count one based on Geter v. State, 115 So.3d 375, 384 (Fla. 3d DCA 2012), which held that Miller v. Alabama, — U.S. —, —, 132 S.Ct. 2455, 2469 , 183 L.Ed.2d 407 (2012), cannot be retroactively applied to “juvenile homicide offenders whose convictions and sentences were final as of June 25, 2012, the date 1241 Miller was issued.” The trial court also denied Torres’ motion based on Lawton v. State, 109 So.3d 825, 828-29 (Fla. 3d DCA 2013), in which this Court held that a juvenile offender can be le	2	2015–2016
Torres v. State green fladistctapp · 2001 1 sentence 2015This Court affirmed his convictions.1 The trial court denied Torres’ request for resentencing on count one based on Geter v. State, 115 So. 3d 375, 384 (Fla. 3d DCA 2012), which held that Miller v. Alabama, 132 S. Ct. 2455, 2469 (2012), cannot be retroactively applied to "juvenile homicide offenders whose convictions and sentences were final as of June 25, 2012, the date Miller was issued." The trial court also denied Torres’ motion based on Lawton v. State, 109 So. 3d 825, 828-29 (Fla. 3d DCA 2013), in which this Court held that a juvenile offender can be legally sentenced to life imprisonmen	1	2015–2015

Where else courts name it

NM 29 (1997–2023) CA 24 (1979–2025) TX 21 (1990–2025) IL 13 (1984–2026) AZ 9 (2004–2025) PA 7 (2002–2026) OH 7 (1998–2023) NJ 6 (2021–2025) NY 6 (1983–2012) FL 5 (1998–2016) GA 4 (2012–2021) VT 4 (2009–2015) WA 3 (1995–2015) HI 3 (2010–2013) NV 2 (2015–2015) IN 2 (2009–2013) MN 2 (2004–2013) KS 2 (2005–2012) UT 2 (2021–2024) NE 2 (2020–2024)

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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