TIMOTHY JOHNSON
v.
STATE OF FLORIDA
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Carpenter v. United States, which refined Fourth Amendment protections regarding cell-site location information, does not apply retroactively in postconviction relief proceedings under Florida law.
[1] Carpenter v. …
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Join FLexlaw to unlock all legal intelligenceTimothy Johnson filed a successive and untimely Rule 3.850 motion for postconviction relief, arguing that Carpenter v. United States should apply retr…
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PER CURIAM.
We affirm the denial of Appellant’s untimely and successive motion for postconviction relief. Carpenter v. United States, 138 S. Ct. 2206 (2018), has not been held to apply retroactively in postconviction relief proceedings. Fla. R. Crim. P. 3.850(b)(2).
Under Witt v. State, 387 So. 2d 922 (Fla. 1980), Carpenter was an evolutionary refinement in procedural law, not a development of fundamental significance that applies retroactively to cases on collateral review. Nor does federal law require retroactive application. United States v. Sandoval, 435 F. Supp. 3d 393, 396-98 (D.R.I. 2020); United States v. Davis, No. No. 1:13-CR-28, 2019 WL 1584634, at *2 (M.D. Pa. Apr. 12, 2019); see also State v. Neil, 133 N.E. 3d 585, 590 (Ohio Ct. App. 2019); People v. Cutts, 414, 88 N.Y.S.3d 332, 335 (N.Y. Sup. Ct. 2018).
Affirmed. LEVINE, C.J., GROSS and KLINGENSMITH, JJ., concur.
2
* * * Not final until disposition of timely filed motion for rehearing.
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Citator
Authorities Cited
- Witt v. State, 387 So. 2d 922 (Fla. 1980)
- Carpenter v. United States, 138 S. Ct. 2206 (U.S. 2018)