Split (5 To 4) U. S. Supreme Court: It Is Unconstitutional For An Offender Under 18 To Be Sentenced To Life Without Parole For Non Homicide Offense.

The case is GRAHAM v. FLORIDA, No. 08–7412. Argued November 9, 2009—Decided May 17, 2010.

Below are pertinent facts and judgment:

Petitioner Graham was 16 when he committed armed burglary and another crime. Under a plea agreement, the Florida trial court sentenced Graham to probation and withheld adjudication of guilt. Subsequently, the trial court found that Graham had violated the terms of his probation by committing additional crimes. The trial court adjudicated Graham guilty of the earlier charges, revoked his probation, and sentenced him to life in prison for the burglary. Because Florida has abolished its parole system, the life sentence left Graham no possibility of release except executive clemency. He challenged his sentence under the Eighth Amendment’s Cruel and Unusual Punishments Clause, but the State First District Court of Appeal affirmed.

Held: The [Eight Amendment] Clause does not permit a juvenile offender to be sentenced to life in prison without parole for a non homicide crime.

Editor's note:

KENNEDY, J., delivered the opinion of the Court, in which STEVENS, GINSBURG, BREYER, and SOTOMAYOR, JJ., joined. STEVENS, J., filed a concurring opinion, in which GINSBURG and SOTOMAYOR, JJ., joined. ROBERTS, C. J., filed an opinion concurring in the judgment. THOMAS, J., filed a dissenting opinion, in which SCALIA, J., joined, and in which ALITO, J., joined as to Parts I and III. ALITO, J., filed a dissenting opinion.