Legal Opinion

McPherson v. State

District Court of Appeal of Florida

Decided May 23, 2014No. 2D13-192PublishedCited by 7 opinions

1Opinion of the Court

ALTENBERND, Judge.

Ira D. McPherson appeals the postcon-viction court’s order summarily denying his motion seeking resentencing for a felony murder that occurred in 1994. He claims that his sentence to life imprisonment with parole eligibility after twenty-five years is cruel and unusual because he was sixteen at the time of the offense and was merely a principal to a felony murder.

The standard two-year period authorized for the filing of a postconviction motion in Mr. McPherson’s case expired many years ago. Mr. McPherson claims that he can file an untimely motion because his claim is…

2Cases cited4 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Atwell v. StateDistrict Court of Appeal of Florida · 2013
  3. Lewis v. StateDistrict Court of Appeal of Florida · 2013
  4. Jackson v. StateDistrict Court of Appeal of Florida · 2003

3Cited by7 opinions

  1. Landy v. StateDistrict Court of Appeal of Florida · 2016
  2. Hixon v. StateDistrict Court of Appeal of Florida · 2016
  3. Burney v. StateDistrict Court of Appeal of Florida · 2017
  4. Edwards v. StateDistrict Court of Appeal of Florida · 2017
  5. Frazier v. StateDistrict Court of Appeal of Florida · 2017

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