Brief of Amici Curiae in Support of Lionel Tate, Appellant, in State of Florida v. Lionel Tate, Case No. 4D01-1306 (Fla. 4th DCA)

56 Pages Posted: 30 May 2002  

Barbara Bennett Woodhouse

Emory University School of Law; University of Florida - Levin College of Law

Christopher Slobogin

Vanderbilt University - Law School

Claudia Wright

University of Florida - Levin College of Law

Steven A. Drizin

Northwestern University - School of Law, Bluhm Legal Clinic; Northwestern University - Center on Wrongful Convictions

Date Written: 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.

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: https://ssrn.com/abstract=314519 or http://dx.doi.org/10.2139/ssrn.314519

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 - 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 - 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
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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