Rebecca Falcon murdered a cab driver in Callaway in 1999 when she was 15 years old. She tried as an adult, and handed life without parole. Recently the U.S. Supreme Court ruled it’s cruel and unusual punishment to do that to young offenders under 18.
Using that ruling, Falcon’s lawyers tried to get Judge Brantley Clark to apply the new ruling retroactively and give Falcon a new sentencing hearing.
Judge Clark ruled the ban on life without parole could not be applied retroactively. Now, the First District Court of Appeal says Judge Clark was right.
However, the court says there’s sharp division in the courts on this issue and it wants the Florida Supreme Court to decide. As for Flacon, she still faces life and no parole