Sanchez Vaughn, Trial Lawyers

What a Per Curiam Affirmance Means — and Florida’s Six-Member Juries

Free Consultation

Submit this form to request a free and confidential consultation with one of our attorneys.

What a Per Curiam Affirmance Means — and Florida's Six-Member Juries

When someone is convicted after a criminal trial and appeals, the appellate court does not always write a long explanation. Sometimes it issues a very brief ruling that simply upholds what the trial court did, pointing to earlier decisions instead of writing a fresh analysis.

For people following criminal appeals, these short rulings can be confusing. It can be hard to tell what the court actually decided and why. A short ruling can still signal important background law — including a topic that has drawn attention in Florida: the size of criminal juries.

This kind of brief ruling appears in McCallaferryman v. State, a recent decision from Florida’s Fourth District Court of Appeal.

Key Takeaway

An appellate court can uphold a conviction in a very short ruling that relies on earlier cases rather than a detailed written analysis. Here, the court affirmed while pointing to decisions concerning Florida’s use of six-member juries.

What happened in this case?

The appeal came from a criminal case in the Fifteenth Judicial Circuit in Palm Beach County. The person who was convicted asked the Fourth District Court of Appeal to review the outcome.

The court responded with a single word on the merits: affirmed. That means the lower court’s result was left in place.

What is a per curiam affirmance?

A per curiam opinion is one issued in the name of the court as a whole, rather than signed by a single named judge. When the court says only that it affirms, it is upholding the decision below without a lengthy written explanation of its reasoning.

In this ruling, the court attached citations to earlier decisions. Those citations tell readers which legal authorities the court considered relevant to its decision.

Why do the cited cases mention six-member juries?

The court pointed to decisions that address Florida’s use of six-member juries in criminal cases. One of the referenced matters involved a request that the United States Supreme Court review a challenge to Florida’s six-member jury practice; that request was denied.

The court also noted a contrasting decision — signaling that the issue is being examined further in the court system, with review granted in that other matter.

Why jury size can matter

The number of jurors deciding a case is a structural feature of a criminal trial. Because it affects how verdicts are reached, questions about jury size can become the subject of appeals and higher-court review.

Why does this matter to people following criminal appeals?

A short affirmance does not mean the court ignored the issues. It often means the court found existing law already answers the questions raised.

The cited authorities here show that some legal questions remain active in the courts even after an individual appeal is decided. When a court notes both a controlling line of cases and a contrasting decision under review, it is highlighting that the broader legal landscape may still be developing.

Disclaimer: This post is for general information only, is not legal advice, does not create an attorney-client relationship, and does not predict or guarantee any result. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before deciding, ask for free written information about the lawyer’s qualifications and experience.