Legal Opinion

Treacy v. Lamberti

District Court of Appeal of Florida

Decided January 25, 2012No. 4D11-4645PublishedCited by 3 opinions

1Opinion of the CourtGross, J.

Petitioner, a juvenile, is charged with attempted first degree premeditated murder with a deadly weapon, a life felony. In this petition for writ of habeas corpus, he contends that Graham v. Florida, - U.S. -, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), entitles him to bond as a matter of right. We reject this argument and deny the petition.

In Graham, the Supreme Court held that the “Constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit homicide.” 130 S.Ct. at 2034. The Florida legislature has not enacted a parole system that would…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Graham v. FloridaSupreme Court of the United States · 2010
  2. State v. ArthurSupreme Court of Florida · 1980
  3. State v. HoganSupreme Court of Florida · 1984
  4. Batie v. StateSupreme Court of Florida · 1988
  5. Cunningham v. StateDistrict Court of Appeal of Florida · 2011

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3Cited by3 opinions

  1. St. Val v. StateDistrict Court of Appeal of Florida · 2013
  2. State v. BrownLouisiana Court of Appeal · 2012
  3. Treacy v. LambertiSupreme Court of Florida · 2013

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