Background

• Patrick Joseph Smith, age 17 at the time of his offenses, was convicted in 1998 of first-degree felony murder and robbery with a firearm and sentenced to life imprisonment.
• The trial court initially granted relief on one sentencing issue but denied relief on the life-without-parole issue under Graham v. Florida.
• Graham held that life without parole for a non-homicide offense by a juvenile is unconstitutional; Miller extended this to require consideration of youth before imposing LWOP for juvenile homicide offenses.
• Gonzalez v. State (Fla. 1st DCA 2012) and Geter v. State (Fla. 3d DCA 2012) held Miller was not retroactive under Florida law, influencing the panel’s view.
• This special concurrence argues Miller is a development of fundamental significance and should be retroactive under Witt v. State's framework, contrary to Geter.
• If Miller applies retroactively, Smith would be entitled to a new sentencing proceeding that accounts for his age at the time of the offenses.

Issues

Key Cases Cited

• Graham v. Florida, 560 U.S. 48 (2010) (juvenile LWOP for non-homicide offenses unconstitutional)
• Miller v. Alabama, 132 S. Ct. 2455 (2012) (mandatory LWOP for juveniles violates Eighth Amendment when youth not considered)
• Gideon v. Wainwright, 372 U.S. 335 (1963) (fundamental significance of certain law changes for retroactivity)
• Witt v. State, 387 So.2d 922 (Fla. 1980) (three-part retroactivity test for developments of fundamental significance)
• Stovall v. Denno, 388 U.S. 293 (1967) (considerations for retroactivity related to new rules)
• Linkletter v. Walker, 381 U.S. 618 (1965) (retroactivity framework for new constitutional rules)
• Coker v. Georgia, 433 U.S. 584 (1977) (categorical limits on penalties for certain crimes)
• Roper v. Simmons, 543 U.S. 551 (2005) (limits on juvenile death penalty and recognized youth differences)
• Graham v. Florida, 560 U.S. 48 (2010) (juvenile offenders and sentencing prohibitions under LWOP)