GABE MARTIN funeral information:
Gabe’s Funeral Service/Burial. The funeral services will begin today from 6 p.m. to 11 p.m., and again tomorrow from 10 a.m. to 2 p.m., and the burial will be at 2:30 p.m. at Our Lady of Mercy Cemetery, located at 11411 NW 25th Street, Doral, FL 33172.
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In Miller v. Alabama, 132 S.Ct. 2455 (2012) The United States Supreme Court brought the United Sates (albeit kicking and screaming) into the realm of civilized nations by prohibiting mandatory life sentences for juveniles, even those convicted of murder.
Civilization for the rest of the country and world may be fine, but for the 3rd DCA, it doesn't sit too well with them. All that malarky about juvenile's brains not being fully developed and juveniles having an impaired ability to understand the consequences of their actions may have persuaded a bunch of leftist, activist judges in Washington. But Judges Cortinas, Rothenberg and Fernandez want the world to know they are cut from a different cloth. Juveniles sentenced to life in prison in Florida before Miller are going to serve every day dammit!
Here is the opinion (from a pro se client no less, so the issue wasn't even briefed by lawyers). Geter v. State.
It takes 24 pages of stretching and reaching and pulling and tugging to fit the decision in Miller firmly outside those cases that are a development of "constitutional fundamental significance." (Lucky for the panel there was no oral argument so they didn't have to keep a straight face while arguing that a constitutional prohibition against sentencing juveniles to life in prison is merely some "housekeeping" and not a change of "fundamental significance.")
Never mind that Florida has held that the Supreme Court's decision in Graham v. Florida, 130 SCt. 2011(2009), holding that life sentences for juveniles in non-homicide cases are retroactive. As the decision in Geter boldy says: Miller is entirely distinguishable from Graham, 130 S. Ct. 2011. Graham
categorically barred a life sentence for juveniles which clearly Miller did not.
Yeah, right. As our dear, departed property professor used to say: "Sometimes wrong. Never in doubt."
What's really behind the 3rd's decision? Closing the barn door BEFORE the horses get out:
Applying Miller retroactively would undoubtedly open the floodgates for
postconviction motions where at the time of conviction and sentencing, the judge
did not have an affirmative duty to consider mitigating factors of youth.
Nope. Can't have the floodgates of litigation opened over a minor matter like a juvenile spending the rest of his or her life in hell on earth. Gotta keep those floodgates open for things arising in civil court, like, say, mortgage foreclosures.
This decision, with all due respect, made us sick when we read it.
The Florida Supreme Court cannot act quickly enough to overturn this disaster.
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