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The ruling was declared retroactive to cases on collateral review as a "new rule of substantive constitutional law" by the 7th Judicial District Court in Scott County, Iowa, in the case of State v. Jason Means. 08-7412, Supreme Court Database ID: Justice Kennedy delivered the opinion of the Court: The Constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit homicide. our Backup, Combined Opinion from On September 30, 2010, the district court issued an opinion declaring Graham retroactive. [9], In March 2012, the Court heard arguments in the case of Miller v. Alabama, concerning the constitutionality of mandatory life without parole sentences for juvenile offenders in cases including murder. Graham v. Florida stands as the midpoint in the Court’s evolution on the Eighth Amendment between its decision to ban capital punishment for juveniles in Roper v. Simmons 543 U.S. 551 (2005), and its decision (two years after this case was decided) to ban life-without-parole sentences for juvenile homicide offenders in Miller v. This case has been cited by these opinions: The following opinions cover similar topics: CourtListener is a project of Free h�|Yێ�8}���BZ�Qw�[&���b.�Lc_�}�%�fF�]������ݲ�Xi݊�b���)��hu��zx�I+��e'*�t��,�Uf%^���:�����O_�(�!t��*��C�8�3�9�姧�, Redemption Song: Graham v. Florida and the Evolving Eighth Amendment Jurisprudence. <> In February 2012, Terrance Jamar Graham was re-sentenced by the original trial judge to a 25-year sentence and currently set to be released on 08/16/2025. GRAHAM v. FLORIDA. The first charge was a first-degree felony that is punishable by life. Prince 9.0 rev 5 (www.princexml.com) 982 So. [8] Graham is currently imprisoned in the New River Correctional Institution. [3], Eighth Amendment to the United States Constitution, "Justices Limit Life Sentences for Juveniles", "Justices Restrict Life Terms for Youths", "Graham v. Florida (08-7412); Sullivan v. Florida (08-7621)", "Man convicted in 1993 murder to be re-sentenced", http://www.dc.state.fl.us/offenderSearch/detail.aspx?Page=Detail&DCNumber=J25706&TypeSearch=AI, "Death Behind Bars: Examining Juvenile Life without parole in, https://en.wikipedia.org/w/index.php?title=Graham_v._Florida&oldid=949094927, Creative Commons Attribution-ShareAlike License. Law Project, a federally-recognized 501(c)(3) non-profit. Precedential, Citations: However, only some of those jurisdictions have persons serving those sentences for non-homicide crimes, and most of those are adults. We CourtListener is sponsored by the non-profit Free Law Project. 10 0 obj [1][2], In June 2012, in the related Miller v. Alabama, the Court ruled that mandatory sentences for life without parole for juvenile offenders, even in cases of murder, was cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution.[3]. endobj Means was aged 17 when he was involved in a 1993 kidnapping and homicide. On May 17, 2010, the U.S. Supreme Court issued an historic ruling in Graham v.Florida that holds life without parole sentences for juveniles convicted of nonhomicide offenses unconstitutional. According to a May 2010 Catholic News Service article, thirty-seven states, the District of Columbia, and the federal government have statutes that allow for a possible sentence of life in prison without parole for non-homicide crimes. / Graham v. Florida – Supreme Court Expands Eighth Amendment. In at least two cases, state high courts have ruled that life without parole is still appropriate for homicides, no matter what age the defendant. Sentencing an individual to life imprisonment without parole for a non-homicide crime committed before the defendant reached the age of 18 violates the Eighth Amendment.

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