GREGORY PONTON
v.
STATE OF FLORIDA
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Gregory Ponton filed a habeas corpus petition in the Florida District Court of Appeal, Third District, challenging his conviction or sentence. The court denied the petition, finding it without merit and citing recent precedent holding that Erlinger v. United States does not apply retroactively to final convictions.
The court held that Ponton's habeas corpus petition was without merit and therefore denied it. Following Wainwright v. State, the court determined that even if Erlinger constitutes a change in law, it does not apply retroactively to cases that were final when Erlinger was decided.
“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”
Establishes the core holding that Erlinger has no retroactive application to final convictions
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Join FLexlaw to unlock all legal intelligenceGregory Ponton filed a petition for habeas corpus as a case of original jurisdiction. The lower tribunal case number was F96-6548, suggesting this is …
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Third District Court of Appeal
State of Florida
Opinion filed July 30, 2025.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-1341 Lower Tribunal No. F96-6548
Gregory Ponton, Petitioner,
vs.
State of Florida, Respondent.
A Case of Original Jurisdiction – Habeas Corpus.
Gregory Ponton, in proper person.
James Uthmeier, Attorney General, for respondent.
Before MILLER, BOKOR, and GOODEN, JJ.
PER CURIAM.
Having reviewed the petition for habeas corpus and determined it to be without merit, it is hereby denied. See Wainwright v. State, No. SC2025-
0708, -- So. 3d --, 2025 WL 1561151 (Fla. June 3, 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.").
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Erlinger v. United States, 602 U.S. 821 (U.S. 2024)
- Ford v. State, 402 So. 3d 973 (Fla. 2025)