Lemuel Ware v. State of Florida
This text of Lemuel Ware v. State of Florida (Lemuel Ware v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed August 20, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-1069 Lower Tribunal Nos. F09-24369, F10-27826B ________________
Lemuel Ware, 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, Ramiro C. Areces, Judge.
Lemuel Ware, in proper person.
James Uthmeier, Attorney General, for appellee.
Before FERNANDEZ, LOBREE and GOODEN, JJ.
PER CURIAM. Affirmed. See Wainwright v. State, 411 So. 3d 392, 399 (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); Ford v. State, 402 So. 3d 973, 981 (Fla. 2025)
(“But Erlinger was a direct-appeal case—not a postconviction case like
Ford’s—and it involved required jury findings regarding an element. Based
on these fundamental distinctions, it is clear that Erlinger provides no support
for vacating Ford's death sentences.”); Arias v. State, No. 3D25-0297, 2025
WL 1699998, at *1 (Fla. 3d DCA June 18, 2025).
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