Kelsey v. State

Thomas Kelsey was initially sentenced to two life sentences and two concurrent twenty-five year terms for non-homicide offenses committed when he was 15. After the U.S. Supreme Court announced its decision in Graham v. Florida, 560 U.S. 48 (2010) banning life without parole for juvenile non-homicide offenders, Mr. Kelsey was resentenced to four concurrent 45 year sentences.

Juvenile Law Center, along with Public Interest Law Center, filed an amicus brief in the Supreme Court of Florida challenging this sentence. The brief argued that lengthy term-of-years sentences for juveniles deny juveniles the “meaningful opportunity” for release guaranteed by Graham and was inconsistent with research on adolescent development and recidivism.

In its opinion, the Supreme Court of Florida “made clear that Graham does indeed apply to term-of-years sentences,” and “declined to require that such sentences must be ‘de facto life’ sentences for Graham to apply.” Furthermore, the Court held that “juveniles who are serving lengthy sentences are entitled to periodic judicial review to determine whether they can demonstrate maturation and rehabilitation.”