Teen’s murder conviction thrown out

? An appeals court Wednesday threw out a boy’s conviction for beating a 6-year-old playmate to death in a case that focused attention on a Florida law that says child murderers must be locked away for life.

The 4th District Court of Appeal ordered a new trial for Lionel Tate, 16, saying his mental competency should have been evaluated before his trial. He was tried as an adult and is serving life without parole at a maximum-security juvenile prison.

“Questions regarding Tate’s competency were not lurking subtly in the background, but were readily apparent, as his immaturity and developmental delays were very much at the heart of the defense,” Judge Barry Stone wrote.

Tate’s lawyers argued that Tate, then 12, was imitating the pro-wrestling moves he saw on television and did not mean to kill Tiffany Eunick. The 48-pound girl was punched, kicked and stomped to death by Tate, who weighed 170 pounds.

The case has raised questions about a controversial Florida law that requires children convicted of first-degree murder to get life in prison without parole. Florida has been widely criticized for using the law to lock up children.

Tate’s age at the time of the killing made him the youngest defendant in Florida to get a life-without-parole sentence under the law.

“I feel like somebody lifted a 200-pound weight off my head. It’s just a beautiful thing, and I hope now that Lionel’s going to have a chance at a life,” said Jim Lewis, Tate’s lawyer at his trial.

Broward County prosecutors said only that they were reviewing the ruling to determine whether to have a new trial. Tate will remain behind bars in the meantime.

Lionel Tate, 16, will have a new trial after being convicted of killing a 6-year-old playmate. Appellate judges made the decision Wednesday because of questions whether Florida law should allow children to receive life sentences.

The boy and his mother had insisted he was innocent and turned down a plea bargain before the trial that would have given him a three-year sentence. If he had accepted the deal, he could have been out of prison 10 months ago.

Lewis said he hoped prosecutors offer a similar plea bargain and allow Tate to be released.

Defense attorney Richard Rosenbaum had argued before the appeals court that Tate was too immature to understand what was at stake at the trial.

The appeals court said at a minimum, the trial judge had an obligation to ensure that Tate understood the plea offer and the possibility of a life sentence if he rejected it. The three-judge panel noted that Tate had “significant mental delays” and a below-average IQ of about 90.

At his trial, Tate’s lawyers argued that the boy thought he could body-slam people and they would walk away unhurt, just like his wrestling idols on television.

“I don’t think Lionel intended to kill this little girl. I don’t think Lionel intended to hurt this little girl,” Lewis said. “This is not somebody who goes to school with a gun and tried to kill somebody. This is an innocent 12-year-old boy who played too rough.”