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Lawyer Wants Original Lionel Tate Indictment Dismissed

Ellis Rubin Says Florida Law Unconstitutional

POSTED: Tuesday, February 14, 2006

The lawyer for Lionel Tate, the teen convicted of murdering a young girl when he was 12, wants the original indictment against Tate dropped.

Miami attorney Ellis Rubin says the original indictment charging Tate with murdering 6-year-old Tiffany Eunick in 1999 should be dismissed. Rubin says Florida law allowing children to be tried as adults is unconstitutional.

Tate was the youngest person in modern U.S. history to receive a life sentence. The conviction and sentence were overturned on appeal. Tate then pleaded guilty to second-degree murder and received probation.

Tate now faces a return to prison for violating that probation. He is accused of robbing a pizza deliveryman at gunpoint last May.

If successful, Rubin's motion would wipe out the entire murder case against Tate, including the probation.

But Tate would still face criminal charges in the alleged deliveryman robbery.

A hearing on the motion is scheduled for Feb. 24.

A hearing on whether Tate's probation should be revoked is set for Feb. 27.

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