Walling v. State
2013 Fla. App. LEXIS 1384
Fla. Dist. Ct. App.2013Background
- Appellant Kyle Walling challenges a life-without-parole sentence for a first-degree felony murder committed at age sixteen under a mandatory scheme, contending Miller v. Alabama makes it illegal; the state concedes this federal issue and remand is proper.
- Walling participated in planning the victim’s robbery and supplied the gun; he was tried as an adult and convicted by a six-person jury of first-degree felony murder and attempted robbery; a life sentence without parole was imposed under a now-disfavored statute.
- The court affirms the conviction but vacates the sentence and remands for resentencing in light of Miller; the remaining issues involve jury size, voluntariness of confession, and voir dire prejudice, all affecting conviction validity rather than remedy.
- Florida law provides a twelve-person jury for capital cases; Walling argues this applies due to comparisons with death penalties for juveniles (post-Roper, Graham, Miller), but the court finds no constitutional or statutory equivalence requiring a twelve-person jury for juvenile LWOP cases.
- The confession claim centers on the mother’s statements influencing the defendant; trial court credited detectives’ testimony showing no coercive promises; voir dire issue was not preserved for review; on appeal, the court upholds the conviction and remands for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury size under 913.10 for capital cases | Walling—twelve-member jury required | Walling—no twelve-person jury required for juvenile LWOP cases | No twelve-member jury required; LWOP for juveniles not death, so statute not triggered |
| Voluntariness of confession | Confession coerced by parental coercion | No coercive police conduct; mother’s statements not imputable as coercion | Confession voluntary; no reversible error |
| Voir dire prejudice and panel bias | Prejudicial statements tainted jury | No preserved objection; no fundamental bias proven | No reversible error; appeal based on Miller remand |
| Remedy after Miller remand | Remand should preserve Miller framework | Resentencing guided by Miller and Florida juvenile guidelines | Remanded for resentencing; sentencing guided by Miller framework |
Key Cases Cited
- Graham v. Florida, 545 U.S. 60 (U.S. Supreme Court (2010)) (life without parole for juveniles shares characteristics with death sentences but is not death)
- Miller v. Alabama, 132 S. Ct. 2455 (S. Ct. 2012) (LWOP for juveniles is the harshest punishment; mandatory schemes unconstitutional)
- Roper v. Simmons, 543 U.S. 551 (U.S. Supreme Court (2005)) (death Penalty cannot be imposed on juveniles)
- Buford v. State, 403 So.2d 943 (Fla. 1981) (Coker extension; capital feature eliminated, no twelve-member jury required)
- Cooper v. State, 453 So.2d 67 (Fla. 1984) (capital feature removed; jury requirements not maintained)
- Hogan v. State, 451 So.2d 844 (Fla. 1984) (definition of 'capital' for jury purposes)
- Joiner v. State, 618 So.2d 174 (Fla. 1993) (preservation requirements for voir dire)
- Street v. State, 636 So.2d 1297 (Fla. 1994) (fundamental error standard for prejudice)
- Kellar v. State, 712 So.2d 1133 (Fla. 1998) (pre-sentence investigation and juvenile disposition factors)