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http://ssrn.com/abstract=314519
 
 

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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

Christopher Slobogin


Vanderbilt University - Law School

Claudia Wright


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

March 2001


Abstract:     
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.

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Date posted: May 30, 2002  

Suggested Citation

Woodhouse, Barbara Bennett and Slobogin, Christopher and Wright, Claudia and Drizin, Steven A., Brief of Amici Curiae in Support of Lionel Tate, Appellant, in State of Florida v. Lionel Tate, Case No. 4D01-1306 (Fla. 4th DCA) (March 2001). Available at SSRN: http://ssrn.com/abstract=314519 or http://dx.doi.org/10.2139/ssrn.314519

Contact Information

Barbara Bennett Woodhouse (Contact Author)
Emory University School of Law ( email )
1301 Clifton Road
Atlanta, GA 30322
United States
404-727-4934 (Phone)
404-727-6820 (Fax)
University of Florida - Fredric G. Levin College of Law ( email )
P.O. Box 117625
Gainesville, FL 32611-7625
United States
Christopher Slobogin
Vanderbilt University - Law School ( email )
131 21st Avenue South
Nashville, TN 37203-1181
United States
Claudia Wright
University of Florida - Fredric G. Levin College of Law ( email )
P.O. Box 117625
Gainesville, FL 32611-7625
United States
352-392-2211 (Phone)
Steven A. Drizin
Northwestern University - School of Law, Bluhm Legal Clinic ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
312-503-8576 (Phone)
Northwestern University - Center on Wrongful Convictions
375 East Chicago Avenue
Chicago, CA 60611
United States
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