TRACY LEE COHEN
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-06-11
No. 2025-0264
Salem, R. Anthony, Edwards, C.J., Lambert, J., Jay, J.
2025 FL 4899 Florida District Court of Appeal, Fifth District (2025)

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Holding

Erlinger v. United States does not constitute a development of fundamental significance and therefore does not apply retroactively to post-conviction relief proceedings.


Headnotes

[1] A decision of the United States Supreme Court does not apply retroactively to post-conviction proceedings unless it constitutes a development of fundamental significance…

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Key Quotes

“even if Erlinger constitutes a change of law, it does not apply retroactively as it is not a development of fundamental significance under our existing retroactivity test”

Court's reasoning for affirming the circuit court decision, citing Wainwright v. State

Facts & Procedural History

Tracy Lee Cohen filed a Rule 3.800 appeal in Duval County Circuit Court challenging his conviction. Cohen argued that Erlinger v. United States, 602 U…

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Opinion of the Court
Edwards

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________ Case No. 5D2025-0264 LT Case No. 16-2013-CF-4966-A _____________________________ TRACY LEE COHEN, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ 3.800 Appeal from the Circuit Court for Duval County.

R. Anthony Salem, Judge.

Tracy Lee Cohen, Cross City, pro se. No Appearance for Appellee. June 11, 2025

PER CURIAM.

AFFIRMED. See Wainwright v. State, 50 Fla. L. Weekly S108 (Fla. June 3, 2025) (rejecting Wainwright’s argument that Erlinger v. United States, 602 U.S. 821 (2024), constitutes a new rule of law that should apply retroactively to his case “because even if Erlinger constitutes a change of law, it does not apply retroactively” as it “is not a development of fundamental significance under our existing retroactivity test”).

Footnotes
2 EDWARDS, C.J., and LAMBERT and JAY, JJ., concur.

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