In Geter v, State, 38 FLW D1405 (3rd DCA June 26, 2013) a remarkable thing occurred: the 3rd DCA denied, en banc (legally: the whole bunch), Geter's request to apply retroactively the US Supreme Court's decision in Miller v. Alabama, 132 S.Ct. 2455 (2012) holding that life in prison for juveniles is unconstitutional. Geter filed a pro se petition. There was an opinion and then a motion to reconsider en banc, which the majority denied in a paragraph.
Then Judge Emas wrote a dissent.
The dissent is worth reading in its entirety. Judge Emas makes a powerful argument why the opinion in Miller is retroactive. Such a result would bring a bit of humanity and dare we say justice to a criminal justice system content for over two hundred years to incarcerate juveniles for life with no hope of parole. To paraphrase the new testament, let he who is same at age fifty as he was at seventeen throw the first stone.
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