ANTHONY SIMON
v.
STATE OF FLORIDA
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Erlinger v. United States does not apply retroactively to postconviction cases and does not provide grounds for vacating a conviction or sentence.
[1] Erlinger v. …
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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.”
Ford v. State, 402 So. 3d 973, 981 (Fla. 2025), cited by the court to explain why Erlinger does not apply retroactively to postconviction cases.
Anthony Simon appealed a circuit court decision in Miami-Dade County. The appeal involved the applicability of Erlinger v. United States to Simon's po…
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Third District Court of Appeal State of Florida
Opinion filed January 14, 2026. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-1694 Lower Tribunal No. F90-45486B ________________
Anthony Simon, 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, Miguel de la O, Judge.
Anthony Simon, in proper person.
James Uthmeier, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee.
Before SCALES, C.J., and EMAS and GORDO, JJ.
PER CURIAM.
2
Affirmed. See Wainwright v. State, 411 So. 3d 392 (Fla. 2025), cert. denied sub nom., Wainwright v. Florida, 145 S. Ct. 2789 (2025) (concluding that even if the decision in Erlinger v. United States, 602 U.S. 821 (2024) constitutes a change of law, it does not apply retroactively); Ford v. State, 402 So. 3d 973, 981 (Fla. 2025) (“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.”); Viera v. State, 420 So. 3d 554 (Fla. 3d DCA 2025); Jackson v. State, 417 So. 3d 530 (Fla. 3d DCA 2025); Garcia v. State, 417 So. 3d 449 (Fla. 3d DCA 2025); Sagaille v. State, 415 So. 3d 875 (Fla. 3d DCA 2025); Lewis v. State, 415 So. 3d 814 (Fla. 3d DCA 2025); Del Sol v. State, 415 So. 3d 334 (Fla. 3d DCA 2025); Spikes v. State, 414 So. 3d 440 (Fla. 3d DCA 2025); Acosta v. State, 414 So. 3d 335 (Fla. 3d DCA 2025); Arias v. State, 413 So. 3d 999 (Fla. 3d DCA 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)
- Spikes v. State, 414 So. 3d 440 (Fla. 3d DCA 2025)
- Acosta v. State, 414 So. 3d 335 (Fla. 3d DCA 2025)