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Pierre Lamaar McEwen v. Florida
IFP petition · District Court of Appeal of Florida, Fourth District, No. 4D2024-1781 · judgment December 11, 2025
Questions presented
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Whether a recidivism statute is unconstitutional under the Due Process and Jury Clauses if it authorizes a sentencing enhancement based on nonjury findings of facts not alleged in the charging document upon proof by a preponderance of the evidence?
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Whether a statute imposing on all convicted felons a lifetime ban on possession of a firearm or ammunition violates the Second Amendment?
Counsel of record
For petitioner
Gary Lee Caldwell
Office of Public Defender
For respondent
Celia A. Terenzio
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, May 26, 2026 · Certiorari denied
Proceedings
- May 26 2026Petition DENIED.
- May 06 2026DISTRIBUTED for Conference of 5/21/2026.
- Apr 29 2026Waiver of right of respondent Florida to respond filed.
- Apr 15 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2026)