Legal Opinion

Thomas Kelsey v. State of Florida

Supreme Court of Florida

Decided December 8, 2016No. SC15-2079PublishedCited by 66 opinions

1Opinion of the CourtPerry, J.

This case is before the Court for review of the decision of the First District Court of Appeal in Kelsey v. State, 183 So.3d 439 (Fla. 1st DCA 2015). In its decision, the district court expressed concern and certified a question of great public importance,1 which we rephrase as follows:

Is a defendant whose original sentence violated Graham v. Florida, 560 U.S. 48 [130 S.Ct. 2011,176 L.Ed.2d 825] (2010), and who was subsequently resentenced prior to July 1, 2014, entitled to be resentenced pursuant to the provisions of chapter 2014-220, Laws of Florida?

We have jurisdiction. See art. V, §…

2Cases cited22 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Atkins v. VirginiaSupreme Court of the United States · 2002
  3. Roper v. SimmonsSupreme Court of the United States · 2005
  4. Graham v. FloridaSupreme Court of the United States · 2010
  5. Weems v. United StatesSupreme Court of the United States · 1910

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3Cited by66 opinions

  1. Burrows v. StateDistrict Court of Appeal of Florida · 2017
  2. Clyde E. Johnson v. State of FloridaSupreme Court of Florida · 2017
  3. Mosier v. StateDistrict Court of Appeal of Florida · 2017
  4. DENNIS L. HART v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  5. Davis v. StateDistrict Court of Appeal of Florida · 2017

61 more not listed; retrieve them via the Exa API.

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