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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


Certiorari denied · May 26, 2026

Questions presented

  1. 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?

  2. 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

Conference history
Distributed for 1 conference

Proceedings

  1. May 26 2026
    Petition DENIED.
  2. May 06 2026
    DISTRIBUTED for Conference of 5/21/2026.
  3. Apr 29 2026
    Waiver of right of respondent Florida to respond filed.
  4. Apr 15 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2026)