India Comer and Shantearia Gaines v. State of Florida
This text of India Comer and Shantearia Gaines v. State of Florida (India Comer and Shantearia Gaines v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed July 23, 2025. Not final until disposition of timely filed motion for rehearing.
________________
Nos. 3D25-1258 Lower Tribunal Nos. F25-2125C, F25-459 ________________
India Comer and Shantearia Gaines, Petitioners,
vs.
State of Florida, et al., Respondents.
A Case of Original Jurisdiction – Habeas Corpus.
Carlos J. Martinez, Public Defender, and John Eddy Morrison, Assistant Public Defender, for petitioners.
James Uthmeier, Attorney General, and Linda Katz, Assistant Attorney General, for respondent the State of Florida.
Geraldine Bonzon-Keenan, Miami-Dade County Attorney, and Shanika A. Graves, Assistant County Attorney, for respondent Miami-Dade County.
Before SCALES, C.J., and EMAS, and GOODEN, JJ. PER CURIAM.
India Comer and Shantearia Gaines, two female minors charged as
adults, have petitioned this Court for a writ of habeas corpus. The petition
challenges the legality of their detention at an adult jail. Specifically, they
allege that the location and manner in which the minors are housed in the
adult jail facility fails to comply with, and violates the requirements of, section
985.265(5), Florida Statutes. But Miami-Dade County has filed a response
contesting some of the factual allegations and making additional factual
allegations. As a result, there appears to be a good faith dispute regarding
certain material facts which must be resolved for this petition to proceed.
Because Miami-Dade County has disputed Comer’s and Gaines’
claims, we appoint the Honorable Christine Hernandez——the trial judge
who presided on Gaines’ case below—to serve as a commissioner, hold an
evidentiary hearing to take such testimony and receive such evidence as
may be deemed proper or necessary to resolve any material factual dispute.
Thereafter, Judge Hernandez shall submit a report and recommendation to
this Court. In light of this, we hold the petition in abeyance for a period of
thirty days from the date of this order. See Parrish v. State, 201 So. 3d 145,
146 (Fla. 3d DCA 2016).
Commissioner appointed; petition held in abeyance.
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