Staff Writer
The Eighth Amendment gained ground in the lives of juveniles across the country Monday with the help of a Jacksonville law firm.
Before the decision released by the U.S. Supreme Court on Monday, the Eighth Amendment ban on “cruel and unusual punishment” had only been applied by the courts to juvenile offenders sentenced to death, and not to those serving life sentences without parole.
“Anyone who knows constitutional law knows that the court has never used the Eighth Amendment to invalidate anything other than death sentences,” said Bryan Gowdy, who, along with the law firm of Mills Creed & Gowdy, represented Terrance Graham in appealing the case of Graham v. Florida.
“I think it’s a big deal in the fact that the courts are saying that, ‘kids are so different that we are going to invalidate even non-death sentences when you are talking about kids.’”
On Monday, the Supreme Court ruled 6-3 in the case of Graham v. Florida, saying that “the Constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit homicide. A State need not guarantee the offender eventual release, but if it imposes a sentence of life it must provide him or her with some realistic opportunity to obtain release before the end of that term.” Justices Samuel Alito, Antonin Scalia and Clarence Thomas, dissented.
Justice Anthony Kennedy delivered the opinion of the court. Additionally, the Supreme Court voted 5-4 “categorically prohibiting life-without-parole-sentences for juvenile offenders who do not kill anyone.”
“Today’s decision is a landmark decision that has significant implications for the criminal justice system and for society,” said Gowdy, who presented oral argument to the Supreme Court in November 2009.
“Five years ago, the Supreme Court held that kids were different, but that holding was in the context of the death penalty. We all know that kids are different. They are more vulnerable. They are less culpable and, most importantly, they are more capable of change and reform.”
Graham, 23, was 16 when he committed armed burglary and another crime in Jacksonville. Under a plea agreement, the Fourth Judicial Circuit sentenced Graham to probation and withheld adjudication of guilt.
Later, the court found that Graham had violated the terms of his probation by committing additional crimes. The court adjudicated Graham guilty of the earlier charges, revoked his probation and sentenced him to life in prison for the burglary. Because Florida has abolished its parole system, the life sentence left Graham no possibility of release except executive clemency, according to the opinion of the Supreme Court.
“The court ruled that there has to be an option with a life sentence,” said Gowdy. “So we will have to see what that can be at the new sentencing hearing.”
The case is expected to return to the Florida First District Court of Appeal, which is expected to remand the case to the Fourth Judicial Circuit, where Judge Lance Day could possibly preside over the sentencing hearing again.
“The reason why the case returns to the judge who imposed the sentence is that any other judge would have to familiarize themselves with all the testimony and facts of the case,” said Chief Judge Donald Moran.
“Judge Day will handle the new sentencing hearing unless he has a reason to recuse himself,” said Moran.
Gowdy was pleased to find out that the case would be returning to Jacksonville, but he made sure to outline what the decision meant to him.
“It should be stressed that the Court did not rule, and we do not contend, that kids shouldn’t be punished at all,” said Gowdy. “Everyone acknowledges that when kids do bad things they should be punished, but they shouldn’t be punished as harshly as adults. That’s what was wrong with Terrance’s sentence.”
Graham’s mother, Mary, agreed with Gowdy about the fairness of the sentence handed down to the second oldest of her four boys and was at the news conference to express what the ruling meant to her.
“This has been a trip down a long dark tunnel and I feel like we can finally see some light,” said Mary Graham. “I felt as though my son’s sentencing was not fair and the United States Supreme Court showed they felt the same way.”
Gowdy was assisted in representing Terrance Graham by John Mills, Rebecca Creed and Jessie Harrell of Mills Creed & Gowdy and the law offices of Morrison & Foerster.
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