Geter v. State
115 So. 3d 375
Fla. Dist. Ct. App.2012Background
- Geter, a juvenile at the time of the December 2000 murder, was convicted of first-degree murder and sentenced to life imprisonment as a juvenile offender in 2003.
- The crime involved breaking into the victim's home, rape, multiple stab wounds, and death witnessed by the victim's three-year-old son.
- Geter's direct appeal affirmed his conviction and sentence in 2004; subsequent 3.800 postconviction motions were denied in 2005, 2009, and 2010.
- Geter filed a 3.800 motion arguing that Miller v. Alabama should be retroactively applied to his final conviction and life sentence.
- The issue: whether Miller applies retroactively to Florida postconviction proceedings where the life sentence was final before Miller was issued.
- Court held Miller cannot be applied retroactively to final Florida juvenile-homicide convictions where the sentence was final before Miller.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity of Miller v. Alabama to final cases | Geter argues Miller should be retroactive | State argues Miller is not retroactive under Witt factors | Miller is not a development of fundamental significance requiring retroactive application |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (procedural sentencing rule; not a categorical ban on penalties; not retroactive)
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (procedural change; retroactivity analyzed under Witt; not retroactive in this context)
- Hughes v. State, 901 So.2d 837 (Fla. 2005) (retroactivity of Apprendi; procedural rule not applied retroactively)
- Witt v. State, 387 So.2d 922 (Fla.1980) (three-factor test for retroactivity (fundamental significance))
- Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011) (retroactivity analysis of Miller and related rules)
- Chandler v. Crosby, 916 So.2d 728 (Fla.2005) (retroactivity framework guidance in Florida)
- Gideon v. Wainwright, 372 U.S. 335 (1963) (fundamental changes; retroactivity considerations)
- Graham v. Florida, 560 U.S. 48 (2010) (life-without-meaningful-release for juveniles; distinct from Miller)