Legal Opinion · Concurring in part, dissenting in part

Anderson v. State

District Court of Appeal of Florida

Decided July 17, 2013No. 3D13-154Published

1Concurring in part, dissenting in partEmas, J.

For the reasons expressed in my dissent to the denial of motion for rehearing en banc in Geter v. State, 115 So.3d 385 (Fla. 3d DCA 2013), I respectfully dissent from the majority opinion in the instant case to the extent it holds that the rule announced in Miller v. Alabama, — U.S.-, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) does not apply retroactively to cases already final on direct appeal.

2Cases cited2 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Geter v. StateDistrict Court of Appeal of Florida · 2013