MICHAEL MERCHISON
v.
STATE OF FLORIDA
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A claimed legal error does not apply retroactively to the appellant's conviction or sentence.
[1] A claimed legal error that has been held not to apply retroactively by the Florida Supreme Court cannot serve as a basis for postconviction relief.
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Join FLexlaw to unlock all legal intelligence“Erlinger does not apply retroactively.”
Wainwright v. State, 411 So. 3d 392, 401 (Fla. 2025)
Michael Merchison appealed from a circuit court order in Miami-Dade County. The appeal involved a claim of legal error that the appellant argued shoul…
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Third District Court of Appeal State of Florida
Opinion filed January 14, 2026. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-2000 Lower Tribunal No. F05-9849 ________________
Michael Merchison, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Laura Anne Stuzin, Judge.
Michael Merchison, in proper person.
James Uthmeier, Attorney General, and Daihana Chang, Assistant Attorney General, for appellee.
Before GORDO, LOBREE, and GOODEN, JJ.
PER CURIAM.
2 Affirmed. See Wainwright v. State, 411 So. 3d 392, 401 (Fla. 2025) (“Erlinger does not apply retroactively.”); Arias v. State, 413 So. 3d 999 (Fla. 3d DCA 2025) (“Observing that the purported error was unpreserved and is not apparent on the face of the record, and even more significantly, no Court of Appeals, let alone the Supreme Court, has held that Apprendi has retroactive effect, and the Florida Supreme Court has rejected this ground for relief in at least two reported postconviction cases, we affirm the order under review in all respects.”) (citation modified).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wainwright v. State, 411 So. 3d 392 (Fla. 2025)
- Arias v. State, 413 So. 3d 999 (Fla. 3d DCA 2025)