What did the appellate court decide?

The court affirmed the trial court’s denial of McMillian’s postconviction (Rule 3.850) motion, meaning the lower court’s ruling stands.

Who is affected by this decision?

The decision affects Justin Ryan McMillian (the appellant) and the State of Florida; it upholds the denial of McMillian’s request for postconviction relief.

What happens next for McMillian?

McMillian may seek to file any timely and authorized motions under Florida Rule of Appellate Procedure 9.330 (motion for rehearing) or 9.331 (rehearing en banc), or pursue further appellate review if appropriate.

Does this mean McMillian’s underlying conviction or sentence is overturned?

No; because the appeal affirmed the denial of his 3.850 motion, the underlying conviction or sentence remains in effect as previously affirmed or ordered.

Justin Ryan McMillian v. State of Florida

Docket 5D2025-2778

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Habeas CorpusAffirmed

Filed: Apr 21, 2026 · 1 week ago
Jurisdiction: Florida
Court: District Court of Appeal of Florida
Type: Opinion
Case type: Habeas Corpus
Disposition: Affirmed
Docket: 5D2025-2778

Appeal from denial of a Rule 3.850 postconviction motion in the Circuit Court for Duval County

Summary

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.

Issues Decided

Whether the circuit court erred in denying McMillian’s Rule 3.850 postconviction motion
Whether any of the grounds raised in the 3.850 motion warranted relief or a new trial/sentencing

Court's Reasoning

The court issued a short per curiam affirmance, indicating it agreed with the circuit court’s disposition of McMillian’s Rule 3.850 claims. Because no opinion was issued, the court relied on the record and lower court findings and determined no reversible error or entitlement to relief was shown. The absence of a written opinion suggests the appeals panel found the issues lacked merit or were procedurally barred.

Parties

Appellant: Justin Ryan McMillian
Appellee: State of Florida
Judge: Lindsay L. Tygart
Attorney: Roseanne Eckert
Attorney: James Uthmeier
Attorney: Adam Blair Wilson

Key Dates

Fifth District decision date: 2026-04-21

What You Should Do Next

1
Consider rehearing motions
If counsel believes an error of law or fact warrants reconsideration, file a timely motion for rehearing (Fla. R. App. P. 9.330) or rehearing en banc (Fla. R. App. P. 9.331) within the prescribed deadline.
2
Consult appellate counsel about further review
Discuss with counsel whether to seek review in the Florida Supreme Court (e.g., a petition for discretionary review) or whether any federal habeas options remain, including timeliness and procedural requirements.
3
Preserve records
Ensure the trial and appellate records are complete and preserved in case further review is pursued; request transcripts or filings needed for any subsequent petition.

Frequently Asked Questions

What did the appellate court decide?: The court affirmed the trial court’s denial of McMillian’s postconviction (Rule 3.850) motion, meaning the lower court’s ruling stands.
Who is affected by this decision?: The decision affects Justin Ryan McMillian (the appellant) and the State of Florida; it upholds the denial of McMillian’s request for postconviction relief.
What happens next for McMillian?: McMillian may seek to file any timely and authorized motions under Florida Rule of Appellate Procedure 9.330 (motion for rehearing) or 9.331 (rehearing en banc), or pursue further appellate review if appropriate.
Does this mean McMillian’s underlying conviction or sentence is overturned?: No; because the appeal affirmed the denial of his 3.850 motion, the underlying conviction or sentence remains in effect as previously affirmed or ordered.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

FIFTH DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                      Case No. 5D2025-2778
                 L.T. Case No. 2009-CF-002002-A
                  _____________________________

JUSTIN RYAN MCMILLIAN,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


3.850 Appeal from the Circuit Court for Duval County.
Lindsay L. Tygart, Judge.

Roseanne Eckert, of The Eckert Law Firm, PLLC, Orlando, for
Appellant.

James Uthmeier, Attorney General, and Adam Blair Wilson,
Assistant Attorney General, Tallahassee, for Appellee.

                         April 21, 2026

PER CURIAM.

    AFFIRMED.

WALLIS, LAMBERT, and MACIVER, JJ., concur.
          _____________________________

Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
           _____________________________




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