STUCKEY v. CREWS

Filing 27

ORDER DENYING THE PETITION AND GRANTING A CERTIFICATE OF APPEALABILITY. The 21 report and recommendation is accepted. The clerk must enter judgment stating, The petition for a writ of habeas corpus is denied with prejudice. A certificate of appealability is granted only on this issue: whether the petitioner is entitled to relief on the ground that his attorney rendered ineffective assistance by failing to accurately advise the petitioner of the time he would serve if he accepted the states plea offer of a 12-year sentence. Signed by JUDGE ROBERT L HINKLE on 12/27/16. (pll)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

RONNEY STUCKEY,
Petitioner,
v.

CASE NO. 4:14cv45-RH/CAS

JULIE L. JONES,
Respondent.
_________________________________/

ORDER DENYING THE PETITION AND
GRANTING A CERTIFICATE OF APPEALABILITY

This petition for a writ of habeas corpus under 28 U.S.C. § 2254 is before
the court on the magistrate judge’s report and recommendation, ECF No. 21, and
the objections, ECF No. 26. I have reviewed de novo the issues raised by the
objections. The report and recommendation is correct and is adopted as the court’s
opinion, except on the issue of a certificate of appealability.
Rule 11 of the Rules Governing § 2254 Cases requires a district court to
“issue or deny a certificate of appealability when it enters a final order adverse to
the applicant.” Under 28 U.S.C. § 2253(c)(2), a certificate of appealability may
issue “only if the applicant has made a substantial showing of the denial of a
Case No. 4:14cv45-RH/CAS

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constitutional right.” See Miller-El v. Cockrell, 537 U.S. 322, 335-38 (2003); Slack
v. McDaniel, 529 U.S. 473, 483-84 (2000); Barefoot v. Estelle, 463 U.S. 880, 893
n.4 (1983); see also Williams v. Taylor, 529 U.S. 362, 402-13 (2000) (setting out
the standards applicable to a § 2254 petition on the merits). As the Court said in
Slack:
To obtain a COA under § 2253(c), a habeas prisoner must make a
substantial showing of the denial of a constitutional right, a
demonstration that, under Barefoot, includes showing that reasonable
jurists could debate whether (or, for that matter, agree that) the petition
should have been resolved in a different manner or that the issues
presented were “ ‘adequate to deserve encouragement to proceed
further.’ ”
529 U.S. at 483-84 (quoting Barefoot, 463 U.S. at 893 n.4). Further, in order to
obtain a certificate of appealability when dismissal is based on procedural grounds,
a petitioner must show, “at least, that jurists of reason would find it debatable
whether the petition states a valid claim of the denial of a constitutional right and
that jurists of reason would find it debatable whether the district court was correct
in its procedural ruling.” Id. at 484.
The petitioner has made the required showing for a single issue. This order
grants a certificate on that issue and denies a certificate on all other issues.
For these reasons,
IT IS ORDERED:
1. The report and recommendation is accepted.

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2. The clerk must enter judgment stating, “The petition for a writ of
habeas corpus is denied with prejudice.”
3. A certificate of appealability is granted only on this issue: whether the
petitioner is entitled to relief on the ground that his attorney rendered ineffective
assistance by failing to accurately advise the petitioner of the time he would serve
if he accepted the state’s plea offer of a 12-year sentence. A certificate is denied on
all other issues.
4. The clerk must close the file.
SO ORDERED on December 27, 2016.
s/Robert L. Hinkle
United States District Judge

Case No. 4:14cv45-RH/CAS