JEFFREY HARRELL
v.
STATE OF FLORIDA
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A change in law established by Erlinger v. United States does not apply retroactively to cases already final on direct appeal.
[1] A change in law established by subsequent appellate decision does not apply retroactively to cases that were final on direct appeal prior to the change.
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Join FLexlaw to unlock all legal intelligenceJeffrey Harrell filed a Rule 3.800 motion in the Circuit Court for Broward County seeking relief from his conviction. The trial court denied the motio…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
JEFFREY HARRELL, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2025-2292
[October 15, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Martin S. Fein, Judge; L.T. Case No. 17-13965CF10A.
Jeffrey Harrell, Bushnell, pro se.
No appearance required for appellee.
PER CURIAM.
Affirmed. See Wainwright v. State, 411 So. 3d 392 (Fla. 2025) (holding that even if Erlinger v. United States, 602 U.S. 821 (2024), constitutes a change of law, it does not apply retroactively).
MAY, LEVINE and CONNER, 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)