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54 So. 3d 1049

Flowers v. State

District Court of Appeal of Florida

Decided February 16, 2011

District Court of Appeal of Florida · decided 2011-02-16

Cited by 3 later decisions — most recently January 2014

3 state decisions

Key passage — most relied on by later courts

“an evolutionary refinement in Fourth Amendment law and not a development of fundamental significance, a major constitutional change, or jurisprudential upheaval that requires retroactive application.”

quoted by 1 later decision, including 135 So. 3d 1040 - Jermaine Lebron v. State of Florida

Relies on Arizona v. Gant · Witt v. State · 904 So. 2d 400 - Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2011-02-16

View the full empirical analysis of this case →

PER CURIAM.

¶1We affirm the trial court’s denial of appellant’s sixth motion for postconviction relief which argued that the decision in Arizona v. Gant, — U.S. -, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009), applies retroactively to his 1997 conviction. See Fla. R.Crim. P. 3.850(b)(2). This conviction became final when this court affirmed the judgment and sentence in 1998. Flowers v. State, 717 So.2d 1031 (Fla. 4th DCA 1998) (Table).

¶2Applying the retroactivity analysis of Witt v. State, 387 So.2d 922 (Fla.1980), we hold that the decision in Gantis an evolutionary refinement in Fourth Amendment law and not a development of fundamental significance, a major constitutional change, or jurisprudential upheaval that requires retroactive application to cases on collateral review. See, e.g., Hughes v. State, 901 So.2d 837 (Fla.2005); Johnson v. State, 904 So.2d 400 (Fla.2005); Chandler v. Crosby, 916 So.2d 728 (Fla.2005); State v. Barnum, 921 So.2d 513 (Fla.2005).

¶3Additionally, we note that, under the facts of this case, Gantwould not have compelled a different result on appellant’s 1997 motion to suppress.

¶4Affirmed.

STEVENSON, HAZOURI and CIKLIN, JJ., concur.
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