Home

Gowdy Wins Landmark Supreme Court Decision
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Bryan Gowdy, of the Jacksonville appellate firm Mills Creed & Gowdy, earned a victory yesterday when the US Supreme Court issued a landmark decision regarding the Eighth Amendment in Graham v. Florida, reports the Jacksonville Daily Record.   Terrance Graham, a juvenile when he committed armed burglary seven years ago, violated his parole by committing other crimes, and was subsequently handed a life sentence without the possibility of parole.

The Eighth Amendment, which reads “[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” in its terseness and ambiguity has long been the subject of mixed interpretation for the courts.  In a 2005 decision in Roper v. Simmons, the Supreme Court ruled that minors should be held to a different standard due to their lack of maturity, the inability to often understand the consequences of their actions and far lower rate of recidivism, but this was only applied to cases that involved the death penalty.

In this particular instance, Graham challenged that interpretation, arguing that the courts had the power to invalidate other types of sentences – that, in essence, a life sentence without the option of parole was cruel and unusual – based on very same factors considered in Roper.   According to Daily Record, the case will most likely make its way back to Florida’s Fourth Circuit, before the same judge that originally sentenced Terrance, due that judge’s familiarity with the underlying facts and evidence presented in the case.

  
What
Where




 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Oil and Gas Attorney

USA-TX-San Antonio

San Antonio office of our client seeks oil and gas attorney with experience. The candidate will assi...

Apply Now

Mid-level Federal Income Tax Associate Attorney

USA-WA-Seattle

Seattle office of our client seeks mid-level tax associate attorney with 3-5 years of experience in ...

Apply Now

Litigation Attorney

USA-NJ-Red Bank

Red Bank office of our client seeks litigation attorney with 3-5 years of experience. The candidate ...

Apply Now

RELEVANT JOBS

Associate Attorney

USA-MD-Towson

Job Description: Progressive environmental and land use firm seeks Maryland-licensed lawyer to join ...

Apply now

LITIGATION ASSOCIATE ATTORNEY

USA-CT-Westport

Small civil litigation firm is looking to hire a full-time attorney for our Westport, CT office. Can...

Apply now

Administrative Coordinator

USA-CA-Torrance

Administrative Coordinator: TAKI LAW OFFICES, A PROFESSIONAL CORPORATION seeks a full-time (40 hrs/w...

Apply now

MID-HUDSON NY LAW FIRM ATTORNEYS & PARALEGALS WANTED

USA-NY-Chester

Attorneys and paralegals wanted for a fast growing Mid-Hudson NY commercial law firm with clients th...

Apply now

SEARCH IN ARCHIVE

To Top