As discussed previously on this blog, the Supreme Court’s opinion in Graham rendered unconstitutional life sentences in cases involving juvenile defendants, other than murder charges. Circuit courts are starting to see litigation stemming from this opinion, with motions attacking illegal sentences pursuant to Rule 3.800(b)(2) in pending appeals, which is how the issue was initially raised in Graham. It’s interesting that the issue was raised for the first time at that procedural point– it shows that even though postconviction litigation is often thankless, much can actually be accomplished in certain circumstances.
Another issue to note is the potential for application of Graham to those cases where a juvenile defendant was involved in a murder but did not actually carry out the final act. Graham suggests that life without parole is an inappropriate sentence for someone who did not kill or intend to kill, leaving an argument for those charged as principals in murder cases. It will be interesting to see how this evolves and what ends up being done with juveniles in this situation.
An article in today’s St. Pete Times tells the story of just one aspect of how changes in sentencing law and structure can have unforeseen consequences. The story is that of Ian Manuel, who shot a woman in the face in the course of a robbery attempt. The victim survived. According to the article, Manuel accepted a 15 year plea deal but was sentenced to life, without the possibility of parole, as parole has not applied to Florida crimes since the mid-1980′s. His trial counsel is quoted as saying, “We were shocked, but there was nothing we could do because it was within the sentencing range.” He is still serving that sentence and expected that he would do so until his death. Pending Florida cases, Sullivan v. State and Graham v. Florida, follow the logic applied in Roper v. Simmons, which held that the death penalty is cruel and unusual punishment as applied to defendants under age 18, and argue that it is also cruel and unusual to sentence children to life in prison when no victim was killed during the course of their crimes. We shall have to see what happens with those cases as time goes on.
The article goes into great detail about the life Manual has served and the deprivation he has suffered in prison and also discussed the risks he faces if he is released. It is a terribly compelling story.