Rebecca Lee Falcon v. State of Florida
162 So. 3d 954
| Fla. | 2015Background
- Falcon was fifteen during a 1997 attempted robbery that resulted in a cab driver’s death and she was convicted of first-degree murder and attempted armed robbery.
- Florida law at the time mandated life imprisonment without parole for a capital homicide offense, making Falcon ineligible for the death penalty.
- Miller v. Alabama (2012) held that mandatory life without parole for juveniles violates the Eighth Amendment, creating a potential retroactivity question for final judgments.
- The First District previously held Miller non-retroactive, following Gonzalez v. State, creating a split with other districts that had reached opposite conclusions.
- The Florida Legislature enacted ch. 2014-220 to align juvenile sentencing with Miller and Graham, providing a specified resentencing framework.
- The Court ultimately concluded Miller applies retroactively and remanded for resentencing under the 2014 statute, with a two-year window to file postconviction relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should Miller be applied retroactively to pre-final judgments? | Falcon argues Miller is retroactive under Witt. | State argues Miller is not retroactive under Witt/Teague standards. | Yes; Miller retroactive under Witt. |
| What remedy should apply for Miller retroactivity in Florida? | Falcon seeks individualized resentencing under Miller. | State seeks remand within the framework of the 2014 juvenile sentencing statute. | Resentencing under ch. 2014-220, with individualized scope and review. |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 ((2012)) (Eighth Amendment bars mandatory life without parole for juveniles)
- Graham v. Florida, 560 U.S. 48 ((2010)) (juvenile nonhomicide life-without-parole ban)
- Witt v. State, 387 So. 2d 922 (Fla. 1980) (three-step retroactivity framework; development of fundamental significance)
- Teague v. Lane, 489 U.S. 288 ((1989)) (retroactivity framework; federal standard)
- Stovall v. Denno, 388 U.S. 293 ((1967)) (three-factor test for retroactivity considerations)
- Linkletter v. Walker, 381 U.S. 618 ((1965)) (retroactivity factors for new rules)
- Toye v. State, 133 So. 3d 540 (Fla. 2d DCA 2014) (Miller invalidates Florida’s §775.082(1) as applied to juveniles)
- Geter v. State, 115 So. 3d 375 (Fla. 3d DCA 2012) (confirms Florida district split on Miller retroactivity)
- Gonzalez v. State, 101 So. 3d 888 (Fla. 1st DCA 2012) (Miller non-retroactive under Florida retroactivity approach)