Julio Bonilla Vs. State Of Iowa
791 N.W.2d 697
| Iowa | 2010Background
- Bonilla was sixteen when he committed kidnapping in the first degree and was tried as an adult.
- He received a mandatory life sentence without parole under Iowa Code §902.1 for a class A felony kidnapping.
- Bonilla challenged the sentence as cruel and unusual punishment under the U.S. and Iowa constitutions.
- Graham v. Florida held life without parole for a juvenile nonhomicide offense violates the Eighth Amendment and requires a meaningful opportunity for release.
- Iowa Code §902.1 and §906.5 were severed to provide Bonilla a life sentence with the possibility of parole and parole review.
- The court remanded for resentencing consistent with Graham and severance rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether life without parole for a juvenile nonhomicide offense violates the Eighth Amendment | Bonilla argues Graham applies to his nonhomicide case | State contends statutory scheme valid; no retroactive rule applied | Yes; unconstitutional as applied; remanded for resentencing with parole eligibility |
| Remedy and severance to fix the unconstitutional statute | Severing unconstitutional clause preserves substantive punishment | Legislature should fix statutes, severance limited to constitutionality | Severance appropriate; parole eligibility restored; remanded for resentencing |
| Retroactivity and scope of Graham in applying to Bonilla | Graham applies retroactively to Bonilla’s case | Graham should apply to Bonilla as a new rule | Graham applies retroactively; governs Bonilla’s sentence adjustment |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (life without parole for juvenile nonhomicide violates Eighth Amendment)
- Schriro v. Summerlin, 542 U.S. 348 (2004) (retroactivity of new substantive-law rules)
- Veal v. State, 779 N.W.2d 63 (Iowa 2010) (treats illegal-sentence challenges in postconviction context)
- State v. Bruegger, 773 N.W.2d 862 (Iowa 2009) (severability and illegal-sentence principles)
- Am. Dog Owners Ass’n, Inc. v. City of Des Moines, 469 N.W.2d 416 (Iowa 1991) (severance of unconstitutional provisions from enactments)
- Kyle v. State, 322 N.W.2d 299 (Iowa 1982) (evidentiary and procedural considerations in criminal challenges)