Case Citator › Graham v. Florida

Graham v. Florida

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Supreme Court of the United States
Citation
560 U.S. 48
Decided
Confirmed treatments
2
Flagged citations read
131 of 131
Citing cases (total)
3,369
Treatment dates
2012–2014
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. Graham v. Florida has been limited: all 131 flagged citations have been read, and the two confirmed treatments are listed below. Chaz Bunch v. Keith Smith and Edwards v. State declined to extend Graham's categorical rule from formal life-without-parole sentences to aggregate fixed-term sentences.
More on how this was screened

The remaining New York opinion cites Graham approvingly in a concurrence.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

3,369 later cases cite Graham v. Florida; 131 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Graham v. Florida?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The Sixth Circuit held under AEDPA that Graham did not clearly establish its categorical prohibition for aggregate consecutive fixed-term sentences imposed for multiple juvenile nonhomicide offenses, even when those sentences are the practical equivalent of life without parole.

    Chaz Bunch v. Keith Smith · Sixth Circuit · filed

    Even if we assume that Graham applies to Bunch’s case on collateral review, that case does not clearly establish that consecutive, fixed-term sentences for juveniles who have committed multiple nonhomicide offenses are unconstitutional when they amount to the practical equivalent of life without parole.
    Read the full opinion on CourtListener →

  • The Florida Fifth District Court of Appeal declined to extend Graham to a juvenile nonhomicide offender's aggregate ninety-year term-of-years sentence.

    Edwards v. State · Florida Fifth District Court of Appeal · filed

    Second, Edwards argues that his aggregate term-of-years sentence totaling 90 years is the functional equivalent of a life sentence and, thus, unconstitutional under Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010). We conclude that the trial court erred in requiring the mandatory minimum sentence on Count I to run consecutive to the mandatory minimum sentence for Duey’s attempted murder (Count II), but otherwise affirm. ... As to Edwards’ second issue, this Court has rejected the argument that a lengthy term of years sentence violates Graham.
    Read the full opinion on CourtListener →

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