No. 19-7951

Rashad Taylor v. Florida

Lower Court: Florida
Docketed: 2020-03-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cruel-and-unusual-punishment eighth-amendment fourteenth-amendment juvenile-offender juvenile-sentencing mandatory-minimum mandatory-minimum-sentence miller-v-alabama
Key Terms:
DueProcess Punishment
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Whether the imposition of a mandatory 40-year sentence on a juvenile convicted of homicide violates the Eighth and Fourteenth Amendments' prohibition on cruel and unusual punishments

Question Presented (OCR Extract)

QUESTION PRESENTED Rashad Taylor was resentenced to a sentence of life imprisonment, with a minimum mandatory term of forty-years, under Miller! in 2017. Mr. Taylor received the minimum mandatory term of forty-years, which exposed him to the sentence of life imprisonment, because he is one of two defendants in the State of Florida who entered a plea of guilty when he was a juvenile. The questions presented are: 1. Does imposition of a mandatory sentence of forty years on a juvenile convicted of a homicide — a sentence imposed pursuant to a statutory scheme that categorically precludes consideration of the offender's juvenile characteristics aud other mitigating circumstances — violate the Eighth and Fourteenth Amendments’ prohibition on cruel and unusual punishments? 2. Does the imposition of an increased statutory mandatory minimum viclate the Sixth, Eighth and Fourteenth Amendments, if the fact that increased the statutory mandatory minimum was found solely by a sentencing jndge, rather than by a jury or admitted by a defendant? ' Miller vy. Alabama, 132 S.Ct. 2455 (2012), i

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-27
Waiver of right of respondent State of Florida to respond filed.
2020-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2020)

Attorneys

Rashad Taylor
Rachael Elizabeth ReeseO'Brien Hatfield Reese, P.A., Petitioner
Rachael Elizabeth ReeseO'Brien Hatfield Reese, P.A., Petitioner
State of Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent