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Mattingly v. Secretary, Florida Department of Corrections

United States District Court, M.D. Florida, Jacksonville Division

October 11, 2019

CASEY STUART MATTINGLY, Petitioner,
v.
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, et al., Respondents.

          ORDER

          MARCIA MORALES HOWARD UNITED STATES DISTRICT JUDGE.

         I. Status

         Petitioner Casey Mattingly, an inmate of the Florida penal system, initiated this action by filing, pursuant to the mailbox rule, a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 (Petition; Doc. 1) on February 24, 2017. In the Petition, Mattingly challenges a 2016 state court (Duval County, Florida) judgment of conviction for armed robbery and aggravated assault. Mattingly raises one ground for relief. See Petition at 5-14.[1] Respondents have submitted a memorandum in opposition to the Petition. See Response to Petition for Writ of Habeas Corpus (Response; Doc. 15) with exhibits (Resp. Ex.). Mattingly filed a brief in reply. See Plaintiff's Response to Respondent's Answer Brief (Reply; Doc. 16). This case is ripe for review.

         II. Relevant Procedural History

         On June 12, 2012, the State of Florida (State) charged Mattingly with armed robbery (count one), aggravated assault (count two), and shooting or throwing deadly missiles (count three). Resp. Ex. B1 at 10. On October 16, 2014, while awaiting trial, Mattingly filed a pro se petition for writ of habeas corpus with Florida's First District Court of Appeal (First DCA), arguing the circuit court violated his speedy trial rights. Resp. Ex. E1. The First DCA dismissed the petition for failure to comply with a previous order. Resp. Ex. E6. On April 17, 2015, Mattingly filed another pro se petition for writ of habeas corpus with the First DCA, in which he appealed the circuit court's denial of his notice of expiration of speedy trial. Resp. Ex. C1. The First DCA converted the petition to a petition for writ of prohibition, Resp. Ex. C2, and later dismissed it for lack of prosecution. Resp. Ex. C5. On July 1, 2015, Mattingly moved to reopen the case, Resp. Ex. C6, the First DCA granted the request on July 27, 2015, Resp. Ex. C7, and denied the petition on the merits on August 11, 2015. Resp. Ex. C8. Mattingly moved for rehearing, Resp. Ex. C9, and the First DCA denied the motion for rehearing on September 21, 2015. Resp. Ex. C11. On November 12, 2015, Mattingly filed another petition for writ of habeas corpus with the Florida Supreme Court that raised the same issue concerning his speedy trial rights. Resp. Ex. D1. The Florida Supreme Court denied the petition as successive based on the First DCA's disposition of the claim. Resp. Ex. D6.

         Ultimately, a jury found Mattingly guilty as charged as to counts one and two. Resp. Ex. B1 at 249-51. As to count one, the jury found that Mattingly carried and discharged a firearm during the commission of the offense. Id. at 249-50. Likewise, as to count two, the jury found that Mattingly discharged a firearm during the commission of the offense. Id. at 251. On February 10, 2016, the circuit court sentenced Mattingly as to counts one and two to a term of incarceration of twenty years in prison, with a twenty-year minimum mandatory sentence as to each count. Id. at 304-06. The circuit court ordered the sentence imposed on count two to run consecutively to the sentence imposed on count one. Id. at 305-06.

         Mattingly filed a notice of appeal with the First DCA. Id. at 325. On August 4, 2016, Mattingly, through counsel, filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) with the circuit court, in which he challenged the consecutive nature of his sentences. Resp. Ex. B3 at 1-8. On September 15, 2015, the circuit court granted the motion and resentenced Mattingly so that his sentences were ordered to run concurrently. Resp. Exs. B3 at 9; B4 at 18-24. In his initial brief before the First DCA, Mattingly argued that the circuit court fundamentally erred when it referred Mattingly for a competency determination but failed to enter an order finding him competent before proceeding to trial. Resp. Ex. B5. The State filed an answer brief, Resp. Ex. B6, and Mattingly filed a brief in reply. Resp. Ex. B7. On September 27, 2017, the First DCA issued a per curiam written opinion affirming Mattingly's judgment and sentence but remanded the case solely for entry of an order of competency nunc pro tunc to the date of a hearing where the circuit court orally adjudicated Mattingly competent. Resp. Ex. B8. Mattingly filed a motion for clarification and rehearing en banc, Resp. Ex. B9, which the First DCA denied on October 17, 2017. Resp. Ex. B10. The First DCA issued the Mandate on November 7, 2017. Resp. Ex. B11.

         On February 22, 2016, Mattingly filed a pro se petition for writ of habeas corpus with the circuit court, in which he alleged the charging document was invalid. Resp. Ex. G1. The circuit court denied the petition on November 9, 2017. Resp. Ex. G2. Mattingly did not appeal. Resp. Ex. A.

         III. One-Year Limitations Period

         This proceeding 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), cert. denied, 137 S.Ct. 2245 (2017). “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 [Mattingly'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

         Standard ...


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