Graham v. Florida

Media Items
Advocates
Bryan S. Gowdy (for the petitioner)
Scott D. Makar (Solicitor General of Florida, for the respondent)
Case Basics
Docket No.: 
08-7412
Petitioner: 
Terrance Jamar Graham
Respondent: 
Florida
Granted: 
Monday, May 4, 2009

Cite this page
The Oyez Project, Graham v. Florida U.S. ___
available at: (http://oyez.org/cases/2000-2009/2009/2009_08_7412)
Facts of the Case: 

When Terrence Graham was 16 years old he was convicted of armed burglary and attempted armed robbery. He served a 12 month sentence and was released. Six months later Mr. Graham was tried and convicted by a Florida state court of armed home robbery and sentenced to life in prison without parole. On appeal, he argued that the imposition of a life sentence without parole on a juvenile, on its face, violated the Eighth Amendment and moreover constituted cruel and unusual punishment, and thus violated the Eighth Amendment. The District Court of Appeal of Florida disagreed. It held that Mr. Graham's sentence neither was a facial violation of the Eighth Amendment nor constituted cruel and unusual punishment.

Question: 

Does the imposition of a life sentence without parole on a juvenile convicted of a non-homicidal offense violate the Eighth Amendment's prohibition of "cruel and unusual punishment?"