Glenn Richardson v. State of Florida

Summary

The Third District Court of Appeal of Florida affirmed the circuit court's decision in Glenn Richardson's postconviction appeal. The court held that the reasoning in Erlinger v. United States did not support vacating Richardson's sentence, relying on recent Florida appellate decisions distinguishing direct appeals from postconviction proceedings.

Holdings

1. Erlinger does not support vacating a death sentence through postconviction review where Erlinger was a direct-appeal case involving required jury findings regarding an element, rather than a postconviction case involving the challenged sentence.

Questions Presented

1. Whether Erlinger v. United States supports postconviction relief or vacatur of Richardson's death sentence.

Disposition

affirmed