Background
Herman Lindsey was charged in 2006 with first-degree murder and armed robbery arising from a pawn-shop robbery that occurred twelve years earlier. He was convicted and sentenced to death.
In 2009, the Florida Supreme Court reversed Lindsey’s convictions and directed entry of a judgment of acquittal because the trial evidence was legally insufficient. At that time, Lindsey could not seek wrongful-incarceration compensation. Statutory amendments effective July 1, 2025, created a grace period through July 1, 2027, for persons previously ineligible to file such petitions.
The Court’s Holding
The Fourth District reversed the circuit court’s denial of Lindsey’s petition to determine wrongful incarceration and eligibility for compensation under section 961.03, Florida Statutes (2025). The State conceded that the circuit court failed to follow the statute’s required procedures, and the appellate court accepted that confession of error.
The circuit court had relied on objections to Lindsey’s original petition, including that it was unsworn and untimely, despite Lindsey’s later sworn amended petition and his reliance on the new statutory grace period. The Fourth District remanded with instructions for the circuit court to follow section 961.03’s procedures. It did not reach Lindsey’s separate request to expand the definition of a “wrongfully incarcerated person.”
Key Takeaways
- The denial of Lindsey’s compensation-eligibility petition was reversed and remanded.
- The circuit court must apply the procedures in section 961.03, Florida Statutes (2025).
- The court did not decide whether the statutory definition of “wrongfully incarcerated person” should be expanded.
Why It Matters
The decision confirms that courts must process wrongful-incarceration compensation petitions under the amended statutory framework, including its provisions for people who previously lacked eligibility to file. It leaves the merits of Lindsey’s eligibility for the circuit court to address on remand.