No. 21-7052

Lewis Taylor, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2022-02-03
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: eighth-amendment graham-v-florida juvenile-offenders juvenile-sentencing meaningful-opportunity parole parole-eligibility rehabilitation-consideration sentencing solem-v-helm
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2022-02-25
Question Presented (AI Summary)

Whether a 129-year sentence for a non-homicide offense committed as a juvenile violates the Eighth Amendment's prohibition on cruel and unusual punishment

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In 1976, the state of Florida sentenced Petitioner to a 129-year term of imprisonment for a non-homicide offense committed when he was 16 years of age. Although Petitioner is eligible for parole under a system Florida abolished in 1983, each year Florida grants parole only to one-half of one percent of parole-eligible inmates. The question presented is: Whether, given the rarity of the grant of parole in Florida and Florida’s failure to take a juvenile offender’s maturity and rehabilitation adequately into account in its parole decisions, it is unreasonable to conclude that Petitioner has been afforded a “meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation” in violation of the Eighth Amendment under Graham v. Florida, 560 U.S. 48, 75 (2010), and its progeny. i INTERESTED PARTIES There are no

Docket Entries

2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-02-08
Waiver of right of respondent Secretary, Florida Department of Corrections to respond filed.
2022-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2022)

Attorneys

Lewis Taylor, Jr.
Janice L. BergmannFederal Public Defender's Office, Petitioner
Janice L. BergmannFederal Public Defender's Office, Petitioner
Secretary, Florida Department of Corrections
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent