Lindsey v. State
168 So. 3d 267
Fla. Dist. Ct. App.2015Background
- Nicholas Lindsey Jr., who was 16 at the time of the offense, was prosecuted as an adult for first-degree murder in the 2011 shooting death of a St. Petersburg police officer.
- Jury convicted Lindsey; he was sentenced to life imprisonment without parole under Florida statutes that then mandated or allowed life without parole for certain murders.
- After Miller v. Alabama, Lindsey moved to correct his sentence; the trial court held an individualized resentencing hearing and again imposed life without parole, issuing a detailed 27‑page order applying Miller-related factors.
- Lindsey appealed, arguing: (1) his confession was coerced; (2) his arrest lacked probable cause so subsequent evidence should be excluded; (3) a mistrial was warranted based on prosecutorial comment at closing; and (4) his life-without-parole sentence violated Miller and constituted cruel and unusual punishment.
- The appellate court affirmed the convictions and evidentiary rulings (confession, probable cause, mistrial) and analyzed whether Lindsey’s sentence complied with Miller and subsequent Florida jurisprudence and statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of confession | Lindsey: confession was coerced and should be excluded | State: confession voluntary; video supports admissibility | Affirmed — confession admissible (court reviewed video and affirmed without further comment) |
| Probable cause / fruit of arrest | Lindsey: arrest lacked probable cause; post-arrest evidence should be suppressed | State: probable cause supported arrest; evidence admissible | Affirmed — probable cause and evidence rulings upheld |
| Mistrial for prosecutorial comment | Lindsey: improper comment required mistrial | State: comment not reversible error | Affirmed — no mistrial required |
| Eighth Amendment / Miller compliance of sentence | Lindsey: mandatory/discretionary life without parole violates Miller given juvenile status; trial court failed to apply Miller factors properly | State: trial court held individualized hearing; additionally, sentence included discretionary statutory ground (§775.087(2)) so Miller inapplicable to that ground | Affirmed — appellate court found trial court erred in parts of Miller analysis for mandatory statutes but held sentence valid under §775.087(2) (discretionary life term); certified question to FL Supreme Court regarding whether Miller/Horsley require chapter 2014‑220 relief for juveniles sentenced under non‑mandatory life statutes prior to that chapter’s effective date |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (Eighth Amendment forbids mandatory LWOP for juvenile offenders; sentencer must account for youth differences)
- Graham v. Florida, 560 U.S. 48 (2010) (juveniles have diminished culpability; life without parole for nonhomicide juveniles barred)
- Roper v. Simmons, 543 U.S. 551 (2005) (death penalty unconstitutional for juveniles; recognizes children are constitutionally different)
- Horsley v. State, 160 So.3d 393 (Fla. 2015) (Florida Supreme Court: chapter 2014‑220 is the proper remedy to apply Miller to juvenile sentences found unconstitutional)
- Starks v. State, 128 So.3d 91 (Fla. 2d DCA 2013) (statute providing discretionary life term not condemned by Miller)