LEMUEL WARE
v.
STATE OF FLORIDA
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Erlinger v. United States does not apply retroactively to cases that were final when decided and does not support vacating sentences in postconviction proceedings.
[1] A change in federal law announced in a direct-appeal case involving required jury findings does not apply retroactively to postconviction cases and does not provide groun…
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Join FLexlaw to unlock all legal intelligence“even if Erlinger v. United States, 602 U.S. 821 (2024), constitutes a change in law, it does not apply retroactively to cases that were final when it was decided”
Wainwright v. State, 411 So. 3d 392, 399 (Fla. 2025)
Lemuel Ware appealed from a circuit court decision in Miami-Dade County involving two lower tribunal case numbers (F09-24369 and F10-27826B).…
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Third District Court of Appeal State of Florida
Opinion filed August 20, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-1069 Lower Tribunal Nos. F09-24369, F10-27826B ________________
Lemuel Ware, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge.
Lemuel Ware, in proper person.
James Uthmeier, Attorney General, for appellee.
Before FERNANDEZ, LOBREE and GOODEN, JJ.
PER CURIAM.
2
Affirmed. See Wainwright v. State, 411 So. 3d 392, 399 (Fla. 2025) (holding that, even if Erlinger v. United States, 602 U.S. 821 (2024), constitutes a change in law, it does not apply retroactively to cases that were final when it was decided); Ford v. State, 402 So. 3d 973, 981 (Fla. 2025) (“But Erlinger was a direct-appeal case—not a postconviction case like Ford’s—and it involved required jury findings regarding an element. Based on these fundamental distinctions, it is clear that Erlinger provides no support for vacating Ford's death sentences.”); Arias v. State, No. 3D25-0297, 2025 WL 1699998, at *1 (Fla. 3d DCA June 18, 2025).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Erlinger v. United States, 602 U.S. 821 (U.S. 2024)
- Wainwright v. State, 411 So. 3d 392 (Fla. 2025)
- Ford v. State, 402 So. 3d 973 (Fla. 2025)