Gilbert v. State

Roswell Gilbert (defendant), 75, shot and killed his 51-years-married wife Emily, who suffered severe, deteriorating pain from osteoporosis and Alzheimer's, testifying he did so to end her suffering and accepted the consequences; a jury convicted him of premeditated first-degree murder, and Florida's mandatory minimum sentencing statute required 25 years, making him ineligible for parole until roughly age 100 despite having no criminal history and posing no future danger. Gilbert appealed his sentence.