Kramer v. Secretary, Department of Corrections (Clay County)

District Court, M.D. Florida·Decided January 27, 2025·No. 3:21-cv-01016·Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

ROBERT W. KRAMER, Petitioner, v. Case No. 3:21-cv-1016-HES-MCR SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, et al., Respondents.

ORDER I. Status Petitioner Robert W. Kramer, an inmate of the Florida penal system, initiated this action through counsel on October 11, 2021, by filing a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 (Petition; Doc. 1). In the Petition, Kramer challenges a 2015 state court (Clay County, Florida) judgment of conviction for possession of child pornography. He raises four grounds for relief. See Petition at 4-14. Respondents submitted a memorandum in opposition to the Petition. See Response to Petition for Writ of Habeas Corpus (Response; Doc. 8). They also submitted exhibits. See Docs. 8-1 through 8-22. Kramer filed a brief in reply. See Petitioner’s Reply to Response to Petition (Reply; Doc. 10). This action is ripe for review.

II. Relevant Procedural History On October 10, 2014, the State of Florida charged Kramer by third amended information with fourteen counts of possession of child pornography. Doc. 8-3 at 85-87. Kramer proceeded to a trial, and on December 10, 2014, a jury found him guilty of all charges. Id. at 158-71. On February 3, 2015, the trial court sentenced Kramer to consecutive five-year terms of imprisonment on all counts. Doc. 8-4 at 4-11. On direct appeal, with the benefit of counsel, Kramer filed an initial brief, arguing the trial court erred when it denied the defense’s motion to

suppress and motions for judgment of acquittal. Doc. 8-8 at 2-29. The State filed an answer brief, Doc. 8-9 at 2-37, and Kramer replied, Doc. 8-10 at 2-13. The First DCA per curiam affirmed Kramer’s conviction and sentence without a written opinion on April 19, 2017, Doc. 8-11 at 2, and issued the mandate on May 5, 2017, id. at 3. On June 14, 2018, Kramer filed through counsel a state petition for writ of habeas corpus raising one ground of ineffective assistance of appellate counsel. Doc. 8-12 at 2-11. Kramer subsequently filed an amended state petition. Doc. 8-13 at 2-12. The State answered, Doc. 8-16 at 2-12, and Kramer

replied, Doc. 8-17 at 2-6. The First DCA denied the petition on the merits on August 1, 2019. Doc. 8-18 at 2. On September 4, 2019, Kramer filed through counsel a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Doc. 8-19 at 5—9. He argued his sentence was illegal because: (1) it was based upon unsubstantiated allegations of misconduct and (2) it amounted to a de facto life sentence. Id. The circuit court denied the Rule 3.800(a) motion. Id. at 10-11. On September 22, 2021, the First DCA affirmed the circuit court’s denial in a written opinion, Doc. 8-22 at 6-9, and on October 13, 2021, it issued the mandate, id. at 10. III. One-Year Limitations Period This action was timely filed within the one-year limitations period. See 28 U.S.C. § 2244(d).

IV. Evidentiary Hearing In a habeas corpus proceeding, the burden is on the petitioner to establish the need for a federal evidentiary hearing. See Chavez v. Sec’y, Fla. Dep’t of Corr., 647 F.3d 1057, 1060 (11th Cir. 2011). “In deciding whether to grant an evidentiary hearing, a federal court must consider whether such a hearing could enable an applicant to prove the petition’s factual allegations,

which, if true, would entitle the applicant to federal habeas relief.” Schriro v. Landrigan, 550 U.S. 465, 474 (2007); Jones v. Sec’y, Fla. Dep’t of Corr., 834 F.3d 1299, 1318-19 (11th Cir. 2016). “It follows that if the record refutes the applicant’s factual allegations or otherwise precludes habeas relief, a district court is not required to hold an evidentiary hearing.” Schriro, 550 U.S. at 474. The pertinent facts of this case are fully developed in the record before the Court. Because the Court can “adequately assess [Kramer’s] claim[s] without further factual development,” Turner v. Crosby, 339 F.3d 1247, 1275 (11th Cir. 2003), an evidentiary hearing will not be conducted. V. Governing Legal Principles A. Standard of Review The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) governs a state prisoner’s federal petition for habeas corpus. See Ledford v. Warden, Ga. Diagnostic & Classification Prison, 818 F.3d 600, 642 (11th Cir. 2016), abrogation recognized on other grounds by Smith v. Comm’r, Ala. Dep’t of Corr., 67 F.4th 1335, 1348 (11th Cir. 2023). “The purpose of AEDPA is to

ensure that federal habeas relief functions as a guard against extreme malfunctions in the state criminal justice systems, and not as a means of error correction.” Id. (quoting Greene v. Fisher, 565 U.S. 34, 38 (2011)). As such,

federal habeas review of final state court decisions is “greatly circumscribed and highly deferential.” Id. (internal quotation marks omitted) (quoting Hill v. Humphrey, 662 F.3d 1335, 1343 (11th Cir. 2011)). The first task of the federal habeas court is to identify the last state court decision, if any, that adjudicated the claim on the merits. See Marshall v. Sec’y, Fla. Dep’t of Corr., 828 F.3d 1277, 1285 (11th Cir. 2016). The state court need not issue a written opinion explaining its rationale in order for the state court’s decision to qualify as an adjudication on the merits. See Harrington v. Richter, 562 U.S. 86, 100 (2011). Where the state court’s adjudication on the merits is unaccompanied by an explanation, the United States Supreme Court has instructed: [T]he federal court should “look through” the unexplained decision to the last related state-court decision that does provide a relevant rationale. It should then presume that the unexplained decision adopted the same reasoning. Wilson v. Sellers, 584 U.S. 122, 125 (2018). The presumption may be rebutted by showing that the higher state court’s adjudication most likely relied on different grounds than the lower state court’s reasoned decision, such as persuasive alternative grounds that were briefed or argued to the higher court

or obvious in the record it reviewed. Id. at 125—26, 132.

If the claim was “adjudicated on the merits” in state court, § 2254(d) bars relitigation of the claim unless the state court’s decision (1) “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States;” or (2) “was based on

Free access — add to your briefcase to read the full text and ask questions with AI

Kramer v. Secretary, Department of Corrections (Clay County), (M.D. Fla. 2025).

Kramer v. Secretary, Department of Corrections (Clay County) (Kramer v. Secretary, Department of Corrections (Clay County)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Padilla v. Kentucky
559 U.S. 356 (Supreme Court, 2010)
Wood v. Allen
558 U.S. 290 (Supreme Court, 2010)
Beard v. Kindler
558 U.S. 53 (Supreme Court, 2009)
Wright v. Hopper
169 F.3d 695 (Eleventh Circuit, 1999)
Holladay v. Haley
209 F.3d 1243 (Eleventh Circuit, 2000)
Bradley v. Nagle
212 F.3d 559 (Eleventh Circuit, 2000)
Turner v. Crosby
339 F.3d 1247 (Eleventh Circuit, 2003)
Arthur D. Rutherford v. James Crosby
385 F.3d 1300 (Eleventh Circuit, 2004)
Philmore v. McNeil
575 F.3d 1251 (Eleventh Circuit, 2009)
Ward v. Hall
592 F.3d 1144 (Eleventh Circuit, 2010)
Picard v. Connor
404 U.S. 270 (Supreme Court, 1971)
Stone v. Powell
428 U.S. 465 (Supreme Court, 1976)
Wainwright v. Sykes
433 U.S. 72 (Supreme Court, 1977)
Barefoot v. Estelle
463 U.S. 880 (Supreme Court, 1983)
Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
Murray v. Carrier
477 U.S. 478 (Supreme Court, 1986)
Castille v. Peoples
489 U.S. 346 (Supreme Court, 1989)
Coleman v. Thompson
501 U.S. 722 (Supreme Court, 1991)
Schlup v. Delo
513 U.S. 298 (Supreme Court, 1995)
Calderon v. Thompson
523 U.S. 538 (Supreme Court, 1998)