Kenya Ramsey v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: May 13, 2026
• Docket: 3D2026-0388
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 13, 2026. Not final until disposition of timely filed motion for rehearing.

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No. 3D26-0388 Lower Tribunal No. 96-CF-859-A-K ________________

Kenya Ramsey, Appellant,

vs.

State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Monroe County, Mark H. Jones, Judge.

Kenya Ramsey, in proper person.

James Uthmeier, Attorney General, for appellee.

Before SCALES, C.J., and LINDSEY, and GOODEN, JJ.

PER CURIAM. Upon our review of the record, we find no legal basis to grant Appellant

relief. As such, we affirm. See Garcia-Manriquez v. State, 317 So. 3d 1203,

1203 (Fla. 3d DCA 2021) (first quoting Beiro v. State, 289 So. 3d 511, 511–

12 (Fla. 3d DCA 2019) (“The mere incantation of the words ‘manifest

injustice’ does not make it so. [Appellant] has failed to allege any facts—nor

can he—to justify invoking the extremely limited concept of manifest injustice

to excuse a procedural bar and allow us to review the merits of his instant

claim.”); and then quoting Cuffy v. State, 190 So. 3d 86, 87 (Fla. 4th DCA

2015) (“The term ‘manifest injustice,’ which has been acknowledged as an

exception to procedural bars to postconviction claims in only the rarest and

most exceptional of situations, now is abused widely by postconviction

litigants. Courts are routinely confronted with untimely and successive

postconviction challenges, which cavalierly attempt to circumvent the bars

simply by asserting ‘manifest injustice.’ However, rule 3.850 contains no

‘manifest injustice’ exception to the rule’s time limitation or bar against filing

successive postconviction motions.”)).

Affirmed.