Justice Building Blog on the Third DCA’s Geter opinion (read: disaster) denying retroactive application of Miller to juveniles convicted of life without parole:
What’s really behind the 3rd’s decision? Closing the barn door BEFORE the horses get out:
Applying Miller retroactively would undoubtedly open the floodgates for postconviction motions where at the time of conviction and sentencing, the judge did not have an affirmative duty to consider mitigating factors of youth.
Nope. Can’t have the floodgates of litigation opened over a minor matter like a juvenile spending the rest of his or her life in hell on earth. Gotta keep those floodgates open for things arising in civil court, like, say, mortgage foreclosures.
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