JOHNNY L. MARSHALL, JR.
v.
STATE OF FLORIDA
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Erlinger v. United States does not apply retroactively to postconviction relief proceedings because it is purely procedural in nature.
[1] A United States Supreme Court decision that is purely procedural in nature does not apply retroactively to postconviction relief proceedings.
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Join FLexlaw to unlock all legal intelligenceJohnny L. Marshall, Jr. appealed the trial court's denial of his motion for postconviction relief in a criminal case from 1998.…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-2525 Lower Tribunal No. 1998-CF-003681
JOHNNY L. MARSHALL, JR., Appellant,
V.
STATE OF FLORIDA, Appellee.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County. Catherine L. Combee, Judge.
May 15, 2026
PER CURIAM.
We affirm the trial court's denial of Appellant's motion for postconviction relief because Erlinger v. United States, 602 U.S. 821 (2024), does not apply retroactively. See, e.g., Wainwright v. State, 411 So. 3d 392, 399 (Fla. 2025) ("[E]ven if Erlinger constitutes a change of law, it does not apply retroactively."), cert. denied, 145 S. Ct. 2789 (2025); Major v. State, 415 So. 3d 880, 880 (Fla. 6th DCA 2025) (affirming the denial of a motion for postconviction relief because the
Florida Supreme Court in Wainwright determined that Erlinger “does not apply retroactively as it is purely procedural in nature").
AFFIRMED.
NARDELLA, WHITE and PRATT, JJ., concur.
Johnny L. Marshall, Jr., Daytona Beach, pro se.
James Uthmeier, Attorney General, Tallahassee, and Marilyn Frances Muir, Chief Assistant Attorney General, Tampa, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Marshall v. State (Fla. 6th DCA 2026)
Authorities Cited
- Erlinger v. United States, 602 U.S. 821 (U.S. 2024)
- Mateo v. State (Fla. 3d DCA 2026)
- Marshall v. State (Fla. 6th DCA 2026)