Billy L. Culpepper v. State of Florida

Summary

The Florida Third District Court of Appeal affirmed the denial of Billy L. Culpepper's post-conviction appeal under Florida Rule of Appellate Procedure 9.141(b)(2). The court relied on recent Florida decisions holding that Erlinger v. United States does not apply retroactively to final cases and does not support vacatur of the sentences at issue.

Holdings

1. Erlinger v. United States does not apply retroactively to cases that were final when Erlinger was decided, even if Erlinger constituted a change in law.

Questions Presented

1. Whether Erlinger v. United States constitutes a change in law that applies retroactively in this postconviction proceeding.

Disposition

affirmed