Juvenile Sentencing Statutes called into question by Graham v. Florida

May 27, 2010



The Supreme Court in Graham v. Florida ruled that states may no longer sentence non-homicide juvenile offenders to life without parole.  This case found a specific Florida law unconstitutional, but also calls into question a variety of laws from other states.   According to Justice Kennedy’s majority opinion, “Thirty-seven States as well as the District of Columbia permit sentences of life without parole for a juvenile non-homicide offender in some circumstances”.   When a case like this comes down and potentially invalidates a variety of laws what is the best way to find all the state statutes that are now potentially unconstitutional?

CodeNotes:

Cases in both Westlaw and WestlawNext contain WestCodenotes.  These are annotations added by our editors which indicate statutes which have been deemed unconstitutional or whose Constitutionality has been called into question.  All of these statutes which have been called into question are linked from this CodeNotes sections.  If you pull up any of these statues you will also see that it now has a yellow KeyCite flag, indicating that Graham has called its validity into question.