Background
Lushun McCallaferryman appealed from the Circuit Court for the Fifteenth Judicial Circuit in Palm Beach County, where Judge Sherri L. Collins presided. The Fourth District’s brief per curiam opinion does not describe the underlying facts, the specific judgment or order under review, or McCallaferryman’s arguments.
The court’s citations indicate that the appeal implicated Florida’s use of six-member juries. The opinion cited Guzman v. State and the U.S. Supreme Court’s denial of certiorari in Cunningham v. Florida, while also noting Kian v. State, in which the Florida Supreme Court had granted review.
The Court’s Holding
The Fourth District affirmed. Because the opinion states only “Affirmed,” it does not specify whether the court affirmed a conviction, sentence, or another judgment or order.
The court relied on Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022), review denied, No. SC22-1597, 2023 WL 3830251 (Fla. June 6, 2023), and Cunningham v. Florida, 144 S. Ct. 1287 (2024), which denied a certiorari petition challenging Florida’s use of six-member juries. The court added a “but see” citation to Kian v. State, 421 So. 3d 439 (Fla. 4th DCA 2025), certiorari granted, No. SC25-6623, 2026 WL 1718018 (June 15, 2026).
Key Takeaways
- The Fourth District affirmed in a per curiam opinion without discussing the case’s facts or identifying the precise judgment or order affirmed.
- The disposition relied on precedent concerning Florida’s use of six-member juries.
- The court flagged that the Florida Supreme Court had granted review in Kian, a potentially relevant case.
Why It Matters
The decision applies the Fourth District’s existing six-member-jury precedent while acknowledging that the Florida Supreme Court is reviewing a related decision. The opinion therefore preserves the current result in McCallaferryman’s appeal but highlights an issue that may receive further clarification.
The decision was not final until disposition of any timely filed motion for rehearing.