Smith v. Secretary, Florida Department of Corrections (Duval County)

CourtDistrict Court, M.D. Florida
DecidedJune 27, 2025
Docket3:22-cv-01042
StatusUnknown

This text of Smith v. Secretary, Florida Department of Corrections (Duval County) (Smith v. Secretary, Florida Department of Corrections (Duval County)) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Secretary, Florida Department of Corrections (Duval County), (M.D. Fla. 2025).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

DEREK C. SMITH,

Petitioner,

v. Case No. 3:22-cv-1042-TJC-MCR

SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, et al.,

Respondents. ________________________________

ORDER I. Status Petitioner, an inmate of the Florida penal system, initiated this action by filing a pro se Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (Doc. 1) on September 16, 2022 (mailbox rule). He challenges a 2018 state court (Duval County, Florida) judgment of conviction for armed robbery and armed burglary. Petitioner is serving a term of life imprisonment as a Prison Releasee Reoffender. Respondents filed a Response (Doc. 10), with exhibits (Docs. 10-1 to 10-211), arguing that this case should be

1 For all documents filed in this case, the Court cites to the document and page numbers as assigned by the Court’s electronic case filing system. dismissed with prejudice as untimely filed, or alternatively, denied on the merits. Petitioner filed a Reply (Doc. 13).

Upon due consideration, the Court finds this case is due to be dismissed with prejudice. The Court first addresses the timeliness issue followed by a discussion of the merits.2 II. One-Year Limitations Period Discussion

a. Governing Legal Authority The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) amended 28 U.S.C. § 2244 by adding the following subsection: (d)(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of--

(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;

2 “In a habeas corpus proceeding, the burden is on the petitioner to establish the need for an evidentiary hearing.” Jones v. Sec’y, Fla. Dep’t of Corr., 834 F.3d 1299, 1318 (11th Cir. 2016) (citing 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) (citation omitted). “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.” Id. The Court finds that “further factual development” is unnecessary. Turner v. Crosby, 339 F.3d 1247, 1275 (11th Cir. 2003). Thus, an evidentiary hearing will not be conducted. (B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action;

(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or

(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.

(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.

28 U.S.C. § 2244(d).

b. Relevant Procedural History On June 28, 2018, following a jury trial, Petitioner was adjudicated guilty of armed robbery and armed burglary. See Doc. 10-2 at 210-17. The trial court sentenced him to concurrent terms of life imprisonment. See id. at 213-15. Petitioner, through counsel, filed a direct appeal. Id. at 253. On December 31, 2019, the First District Court of Appeal issued a written opinion affirming in part and reversing and remanding in part, with instructions that the trial court reconsider Petitioner’s motion for a new trial under the correct standard. See

Doc. 10-11. On remand, the trial court entered an order on January 29, 2020, denying the motion for a new trial (Doc. 10-12 at 2), and entered a “NEW” written judgment and sentence—identical to the first judgment and sentence— on February 6, 2020, nunc pro tunc to June 28, 2018 (id. at 3-10).3 Petitioner

did not appeal the trial court’s January 29, 2020 order denying his motion for a new trial. On May 20, 2020 (mailbox rule), Petitioner filed a motion to clarify his sentence. See Doc. 10-13. On June 4, 2020, the trial court construed the motion

as being filed pursuant to Florida Rule of Criminal Procedure 3.800(a) and summarily denied the motion. See Doc. 10-14. Petitioner did not appeal. In September 2020, Petitioner filed two notices of inquiry with the trial court. First, on September 4, 2020 (mailbox rule), Petitioner filed a “Notice of

Inquiry,” asking whether the trial court had issued a ruling following the First DCA’s December 31, 2019 remand. See Doc. 10-15. He advised: “I have not

3 It appears the trial court took the first seven pages of the original 2018 judgment and on the first page wrote: “NEW” judgment and “Re-record to reflect new judgment per 1st DCA mandate dated 1/21/20.” Doc. 10-12 at 3. Then on the last page, the judge signed the judgment and dated it February 6, 2020, nunc pro tunc to June 28, 2018. Id. at 10. To add another date into the mix, the first page of the “NEW” judgment contains a filed stamp from the clerk’s office dated January 29, 2020. Id. at 3. The Court uses the judge’s signature date (February 6, 2020) when describing this document. rec[ei]ved any paperwork, notice, ruling e[tc]. up to this date and I am confused as to if this issue has been accident[all]y overlooked, is still pending for a ruling,

or if [I’]m waiting for a transport order so I can be present for the ruling on my motion for new trial.” Id. at 2. Second, on September 23, 2020 (mailbox rule), Petitioner filed another “Notice of Inquiry,” requesting “the status of [his] appeal that was reversed by the District Court of Appeal in case number 1D18-

3208.” Doc. 10-16. On May 20, 2021 (mailbox rule), Petitioner filed a pro se motion pursuant to Florida Rule of Criminal Procedure 3.850. See Doc. 10-17 at 5-19. The trial court summarily denied the motion on June 30, 2021.4 See id. at 20-260; Doc.

10-18 at 2-246. Petitioner appealed, and the First DCA per curiam affirmed the denial of his Rule 3.850 motion without issuing a written opinion. See Doc. 10- 21 at 2-3. The mandate issued on April 26, 2022. See id. at 4. Petitioner filed the instant case on September 16, 2022.

c. Timeliness Analysis This Court must first determine whether Petitioner’s February 6, 2020 “NEW” judgment and sentence, that the trial court entered “nunc pro tunc” to June 28, 2018, constitutes a “new” judgment and thus restarts Petitioner’s one-

4 The judge signed the order on June 25, 2021; the order was filed with the clerk on June 30, 2021; and a copy of the order was mailed to Petitioner on July 1, 2021. Doc. 10-17 at 20, 29. Under Florida law, “[a]n order is rendered when a signed, written order is filed with the clerk of the lower tribunal.” Fla. R. App. P. 9.020(h). year limitations period under § 2244. In Osbourne v. Sec’y, Fla.

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