MCCALLAFERRYMAN v. STATE (2026)

District Court of Appeal of Florida, Fourth District.

Lushun MCCALLAFERRYMAN, Appellant, v. STATE of Florida, Appellee.

No. 4D2025-2963

Decided: August 12, 2026

Daniel Eisinger, Public Defender, and Robert Porter, Assistant Public Defender, West Palm Beach, for appellant. James Uthmeier, Attorney General, Tallahassee, and Lindsay A. Warner, Senior Assistant Attorney General, West Palm Beach, for appellee.

Affirmed. See Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022), rev. denied, No. SC22-1597, 2023 WL 3830251 (Fla. June 6, 2023); Cunningham v. Florida, ––– U.S. ––––, 144 S. Ct. 1287, 219 L.Ed.2d 1239 (2024) (denying petition for writ of certiorari challenging Florida's use of six-member juries). But see Kian v. State, 421 So. 3d 439 (Fla. 4th DCA 2025), cert. granted, No. SC25-6623, ––– U.S. ––––, ––– S.Ct. ––––, ––– L.Ed.2d ––––, 2026 WL 1718018 (June 15, 2026).

Per Curiam.

May, Gerber and Shaw, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network