Brief of Amici Curiae in Support of Lionel Tate, Appellant, in State of Florida v. Lionel Tate, Case No. 4D01-1306 (Fla. 4th DCA)
Barbara Bennett Woodhouse
Emory University School of Law; University of Florida - Fredric G. Levin College of Law
Vanderbilt University - Law School
University of Florida - Fredric G. Levin College of Law
Steven A. Drizin
Northwestern University - School of Law, Bluhm Legal Clinic; Northwestern University - Center on Wrongful Convictions
This amicus curiae brief was filed in support of the appeal by Lionel Tate of his conviction of felony murder. Lionel, at age 12, crushed his six year old cousin while imitating World Wrestling Federation moves. Tried as an adult, he was sentenced by a Broward County Florida criminal court to life in prison without parole. The amicus brief argues that it was both bad law and bad public policy to charge a 12 year old with murder utilizing the underlying felony of "aggravated child abuse." Issues discussed include the child's capacity to understand his acts, doctrines of merger, and the history and interpretation of child abuse laws.
Number of Pages in PDF File: 56
Date posted: May 30, 2002
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