Arthur O'Derrell Franklin, Petitioner v. State of Florida, Respondent. — Pariente, J., Dissenting

Summary

Justice Pariente, dissenting, would have held that Franklin's 1000-year sentences for nonhomicide offenses committed at age 17 violate the Eighth Amendment because Florida's parole process does not provide individualized consideration of maturity and rehabilitation or a meaningful opportunity for release. She would have required either resentencing under the applicable juvenile-sentencing framework or, at minimum, an evidentiary hearing with appointed counsel addressing whether the parole process satisfies constitutional requirements. The dissent also maintains that the federal decision concerning Virginia's geriatric-release program did not displace Florida precedent because Virginia's program differs materially from Florida's parole system.