Court Filings

The Fifth District Court of Appeal granted Michael Anthony Foster, Jr.'s petition for a belated appeal. The court directed that this opinion be filed with the trial court and treated as the notice of appeal from the February 28, 2025 order that denied the defendant's motion for postconviction relief in Duval County Circuit Court case number 2023-CF-003421-A. The court acted under its original jurisdiction to permit Foster to proceed with an appeal despite the missed appellate deadline, citing the Florida Rule of Appellate Procedure that governs belated appeals.

The Fifth District Court of Appeal summarily affirmed the trial court's denial of Willie Nelson Hill's motion under Florida Rule of Criminal Procedure 3.850. Hill, representing himself, appealed the circuit court's postconviction ruling. The appellate court issued a brief per curiam decision on April 30, 2026, without published opinion, concluding the lower court's disposition should stand. The judgment is subject to any timely motion for rehearing or other authorized relief under Florida appellate rules.

The Florida Fourth District Court of Appeal reviewed an appeal by Wilbert Griffin of a circuit court order denying his Rule 3.850 motion (postconviction relief). The court, in a short per curiam decision with no written opinion, affirmed the denial. The opinion notes the decision is not final until any timely motion for rehearing is resolved. No analysis or reasoning was provided in the published entry.

The Fourth District Court of Appeal affirmed the trial court's order denying Bachir Osias's motion under Florida Rule of Criminal Procedure 3.850. Osias, proceeding pro se, appealed the denial of his postconviction relief motion filed in the Fifteenth Judicial Circuit, Palm Beach County. The appellate court issued a brief per curiam disposition, concluding there was no reversible error in the denial and therefore affirmed the lower court's decision. The opinion was unanimous and notes it is not final until any timely motion for rehearing is resolved.

The Fifth District Court of Appeal reviewed Gregory Simpson's appeal from a Marion County circuit court postconviction proceeding under Florida Rule 3.800. The court, in a brief per curiam opinion, affirmed the lower court's decision, citing Galindez v. State and Washington v. Recuenco to support its ruling. No appellee appearance was entered and the appellant proceeded pro se. The opinion concludes the appellate court saw no reversible error and affirmed the circuit court's disposition without extended discussion.

The First District Court of Appeal reviewed Gene Ramirez's appeal from a Leon County circuit court judgment involving the Florida Department of Corrections. The appellate court issued a short per curiam decision on April 27, 2026, affirming the lower court's ruling. No published opinion or extended explanation of reasoning is provided in the document; the judgment simply states AFFIRMED and notes concurrence by the three judges. Procedural rules for timely post-decision motions are referenced but no further substance is given.

The Fifth District Court of Appeal issued a per curiam order affirming a prior trial-court denial of Geneva M. Kellum’s postconviction motion in Duval County criminal case number 16-2009-CF-006375-A. The court warned that Kellum’s continued filing of repetitive, abusive, or frivolous pro se postconviction claims arising from that case could lead to sanctions, including a prohibition on further pro se filings in this court and referral to prison officials for disciplinary measures. The caution cites state statute and precedent supporting restrictions on serial frivolous filings.

The appellate court affirmed the trial court's dismissal of Gerald Harrell's postconviction motion but found a clerical error in the dismissal directive. The judgment below correctly dismissed Harrell's motion for postconviction relief, yet the written order mistakenly identified the November 20, 2023 motion as dismissed with prejudice when it should have referred to the November 22, 2023 motion. The case is therefore remanded solely to correct that scrivener's error in the order; no change was made to the substantive dismissal.

The Fifth District Court of Appeal granted Jose Manuel Troche's petition for a belated appeal. The court directed that this opinion be filed with the trial court and treated as the notice of appeal from the December 15, 2025 order that denied Troche's postconviction motion in Hernando County Circuit Court case 2022-CF-000614-A. The grant restores Troche's right to pursue appellate review of the denial of postconviction relief under Florida appellate procedure.

The Florida Fifth District Court of Appeal granted Charles Jeffrey McPherson's petition for a belated appeal. The court ordered that this opinion be filed with the trial court and treated as the notice of appeal from the February 17, 2026 judgment and sentence in Clay County Circuit Court case number 10-2025-CF-874-A, under Florida Rule of Appellate Procedure 9.141(c)(6)(D). The court issued its disposition without the State appearing and noted that the decision is not final until any timely authorized post-opinion motions are resolved.

The Fifth District Court of Appeal reviewed a pro se appeal by Keyon M. Paige from an order of the Duval County Circuit Court in a 3.800 proceeding (postconviction relief). The appellate court issued a short per curiam decision on April 23, 2026, affirming the lower court's ruling. No written opinion or extended reasoning is provided in the document; the court simply stated AFFIRMED and noted concurrence by three judges and the possibility of filing certain post-decision motions under Florida appellate rules.

The Fourth District Court of Appeal affirmed a circuit court's denial of Pedro Ortiz's rule 3.850 postconviction motion. Ortiz, representing himself, appealed the denial by the Seventeenth Judicial Circuit, Broward County. The appellate court issued a brief per curiam disposition affirming the lower court's order without published opinion, noting the decision is not final until any timely rehearing motion is resolved.

The Fifth District Court of Appeal considered Willie D. Upson's appeal from the denial of his Florida Rule of Criminal Procedure 3.850 motion in the Circuit Court for Volusia County. After review, the appellate court issued a brief per curiam decision affirming the lower court's ruling. The opinion contains no published reasoning beyond the single-word disposition and notes that the decision is not final pending any timely post-judgment motions under Florida appellate rules.

The District Court of Appeal, Second District of Florida, affirmed a lower court ruling in an appeal brought by Silvia Perez under the Florida Rules of Appellate Procedure. The opinion is brief: the court issued a per curiam decision affirming the circuit court's ruling without published opinion. The judges concurred, and the decision may be revised before official publication. No specific factual or legal reasoning is provided in the document itself.

The Fifth District reversed the circuit court’s summary denial of ground four of Christopher Owens’s Rule 3.850 postconviction motion and remanded for further proceedings. Owens had alleged his trial counsel was ineffective for failing to object to prosecutor comments during voir dire that arguably commented on his constitutional right to remain silent. The panel found the record attached below still lacked sufficient context to evaluate prejudice under Strickland and therefore did not conclusively refute Owens’s claim, so the court ordered either an evidentiary hearing or additional records be attached to the denial order.

The Fifth District Court of Appeal reviewed an appeal by Zakariya Daud Clarke from the denial of a motion under Florida Rule of Criminal Procedure 3.850 (postconviction relief) in the Circuit Court for Clay County. The appellate court, in a per curiam decision, affirmed the lower court's ruling. The opinion is brief and does not include detailed reasoning in the published entry; the appellate panel unanimously concurred and issued the decision on April 21, 2026.

The Fifth District Court of Appeal considered an appeal by Trevorisse Thomas from the denial of a Rule 3.850 motion in Duval County. The court issued a brief per curiam decision on April 21, 2026, affirming the lower court's ruling. No written opinion was provided and the state did not file an appearance. The panel unanimously concurred, and the decision is subject to any timely motion for rehearing or certification under Florida appellate rules.

The Fifth District Court of Appeal reviewed Timothy Barrett, Sr.'s appeal from the denial of his Florida Rule of Criminal Procedure 3.850 postconviction motion. The court issued a brief per curiam opinion on April 21, 2026, concluding the appeal should be affirmed. No reasons are provided in the published entry; the panel judgment affirms the circuit court's ruling, and judges Jay, Edwards, and Kilbane concurred. The decision is subject to timely motion for rehearing or certification under the Florida appellate rules.

The Fifth District Court of Appeal reviewed Justin Ryan McMillian’s appeal from the trial court’s denial of his motion under Florida Rule 3.850 (postconviction relief). The appellate court, in a per curiam decision, affirmed the lower court’s ruling without published opinion or extended explanation. The court’s brief order indicates it found no reversible error in the trial court’s handling of McMillian’s 3.850 claims and left the circuit court’s disposition intact.

The Fifth District Court of Appeal reviewed Reginald Lawrence Perry Jr.'s appeal from the denial of his Florida Rule of Criminal Procedure 3.850 postconviction motion by the Duval County Circuit Court. The appellate court, in a per curiam decision issued April 16, 2026, affirmed the lower court's ruling without published opinion. The panel unanimously concurred, and the opinion is not final until any timely permitted motions under the Florida Rules of Appellate Procedure are resolved.

The Florida First District Court of Appeal denied Matthew Evans's petition for a writ of certiorari seeking review of an action involving the Florida Department of Corrections. The decision was per curiam, with three judges concurring, and no published opinion or substantive reasoning is provided in the order. The denial leaves in place the lower court or administrative action Evans challenged; the court noted the decision is not final until any timely motion under the appellate rules is resolved.