BARRY V. MURRAY
v.
STATE OF FLORIDA
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A change in law established by Erlinger v. United States does not apply retroactively to cases that were final when the decision was rendered.
[1] A change in law established by a United States Supreme Court decision does not apply retroactively to criminal cases that became final before the decision was rendered.
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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”
The court's rationale for affirming the denial of the rule 3.800 motion
Barry V. Murray appealed an order denying his rule 3.800 motion in a criminal case from Broward County. The appeal involved the retroactive applicatio…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
BARRY V. MURRAY, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2025-1661
[August 27, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael Usan, Judge; L.T. Case No. 12-011892CF10A.
Barry V. Murray, Blountstown, pro se.
James Uthmeier, Attorney General, Tallahassee, and Lindsay A. Warner, Senior Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
Affirmed. See Wainwright v. State, 411 So. 3d 392, 401 (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).
KUNTZ, C.J., MAY and GERBER, JJ., concur.
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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)