5:24-cv-00269•MORRILL v. DIXON
Gesamter Gesetzestext
Page 1 of 18 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JEFFREY SHARDON MORRILL, Petitioner, v. Case No. 5:24-cv-269-MW-MJF RICKY D. DIXON, Respondent. / REPORT AND RECOMMENDATION Jeffrey Morrill has filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. Doc. 1. Respondent (“the State”) answered and provided relevant portions of the state-court record. Doc. 16. Morrill’s deadline to file a reply expired on October 6, 2025. Docs. 17, 20. The undersigned concludes that no evidentiary hearing is required, and that Morrill is not entitled to habeas relief. B ACKGROUND In Holmes County Circuit Court Case No. 2013-CF-309, Morrill was convicted of trafficking in 200 grams or more of methamphetamine or any mixture containing methamphetamine, in violation of Fla. Stat. § Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 1 of 18
Page 2 of 18 893.135(1)(f)(1); see also Fla. Stat. § 893.135(6) (defining “mixture”). Doc. 16-9, Ex. I. Morrill was sentenced to 30 years of imprisonment. Id. The Florida First District Court of Appeal (“First DCA”) affirmed in a written opinion. Morrill v. State, 184 So. 3d 541 (Fla. 1st DCA 2015) (copy at Doc. 16-13, Ex. M). The First DCA denied Morrill’s motion for rehearing on February 15, 2016. Doc. 16-14, Ex. N. Morrill did not seek further direct review. Doc. 1 at 3. On May 13, 2016, Morrill filed a pro se motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). Doc. 16-16, Ex. P. The state circuit court denied the motion. Doc. 16-17, Ex. Q. The First DCA per curiam affirmed without opinion. Morrill v. State, 202 So. 3d 411 (Fla. 1st DCA 2016) (Table) (copy at Doc. 16-21, Ex. U). The mandate issued November 15, 2016. Doc. 16-21, Ex. U. On October 20, 2016, Morrill filed a pro se motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Doc. 16-23, Ex. W. Morrill filed a pro se amended motion, followed by a counseled second amended motion. Doc. 16-25, Ex. Y; Doc. 16-27, Ex. AA. The state circuit court denied relief. Doc. 16-30, Ex. DD. The First DCA per curiam affirmed without opinion. Morrill v. State, 396 So. 3d 679 (Fla. 1st DCA Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 2 of 18
Page 3 of 18 2024) (Table) (copy at Doc. 16-34, Ex. HH). The mandate issued December 3, 2024. Doc. 16-34, Ex. HH. On December 23, 2016, Morrill filed a pro se petition for writ of habeas corpus in the First DCA alleging ineffective assistance of appellate counsel, which he later amended. Doc. 16-35, Ex. II (Pet.); Doc. 16-36, Ex. JJ (Am. Pet.). On February 6, 2018, the First DCA summarily denied the petition without opinion. Morrill v. State, 240 So. 3d 639 (Fla. 1st DCA 2018) (per curiam) (copy at Doc. 16-38, Ex. LL). Morrill filed his pro se federal habeas petition on November 22, 2024. Doc. 1. Morrill raises three grounds for relief: (1) “Cruel & unusual punishment being sentenced to 30 years for having an unusable mixture containing meth residue”; (2) “Illegal search & s[ei]zure”; and (3) “Not competent to stand trial”. The State asserts that Morrill’s first and third claims are procedurally defaulted, and that review of the second claim is barred by Stone v. Powell, 428 U.S. 465 (1976). Doc. 16. D ISCUSSION Ground One “Cruel & unusual punishment being sentenced to 30 years for having an unusable mixture containing Meth residue” Doc. 1 at 9. Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 3 of 18
Page 4 of 18 Morrill alleges that his sentence violates the Eighth Amendment because it is disproportionate to his offense. Morrill alleges these supporting facts: 3 liquids, Coleman camp fuel, were presented to the jury as Meth. The amount of Meth or fuel was not separately determined. The liquid was Coleman camp fuel & only contained Meth residue. This also proves actual innocence. Doc. 1 at 9. The State asserts this claim is procedurally defaulted. Doc. 16 at 20–29. A. The Federal Habeas Exhaustion Requirement “To respect our system of dual sovereignty, the availability of habeas relief is narrowly circumscribed.” Shinn v. Ramirez, 596 U.S. 366, 375 (2022) (citations omitted). One such constraint is the exhaustion requirement and corollary principle of procedural default. See 28 U.S.C. § 2254(b); Shinn, 596 U.S. at 375-79. Section 2254 “requires state prisoners to ‘exhaust the remedies available in the courts of the State’ before seeking federal habeas relief.” Shinn, 596 U.S. at 377 (alteration adopted) (quoting 28 U.S.C. § 2254(b)(1)(A)). “To satisfy the exhaustion requirement, the petitioner must have fairly presented the substance of his federal claim” to the state’s highest court, either on direct appeal or on collateral review. Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 4 of 18
Page 5 of 18 Picard v. Connor, 404 U.S. 270, 277-78 (1971); Castille v. Peoples, 489 U.S. 346, 351 (1989). A petitioner “fairly” presents the substance of his federal claim to the state courts when he describes the claim “such that the reasonable reader would understand each claim’s particular legal basis and specific factual foundation.” Green v. Sec’y, Dep’t of Corr., 28 F.4th 1089, 1135 (11th Cir. 2022) (quoting Kelley v. Sec’y Dep’t of Corr., 377 F.3d 1317, 1344–45 (11th Cir. 2004)). When a petitioner fails to exhaust his federal claim and the state court remedy no longer is available, that failure to exhaust is a procedural default. O’Sullivan v. Boerckel, 526 U.S. 838, 839–40 (1999); see also Bailey v. Nagle, 172 F.3d 1299, 1303 (11th Cir. 1999) (when a petitioner fails to properly exhaust a federal claim in state court, and it is obvious that the unexhausted claim now would be procedurally barred under state law, the claim is procedurally defaulted). Together, exhaustion and procedural default promote federal-state comity. Exhaustion affords States an initial opportunity to pass upon and correct alleged violations of prisoners’ federal rights, and procedural default protects against the significant harm to the States that results from the failure of federal courts to respect state procedural rules. Ultimately, it would be unseemly in our dual system of government for a federal district court to upset a state court Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 5 of 18
Page 6 of 18 conviction without giving an opportunity to the state courts to correct a constitutional violation, and to do so consistent with their own procedures. Shinn, 596 U.S. at 378–79 (internal quotation marks and citations omitted, alteration adopted). A petitioner seeking to overcome a procedural default must “demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law, or demonstrate that failure to consider the claim[ ] will result in a fundamental miscarriage of justice.” Coleman v. Thompson, 501 U.S. 722, 750 (1991); Lucas v. Sec’y, Dep’t of Corr., 682 F.3d 1342, 1352–53 (11th Cir. 2012). A petitioner establishes “cause” by showing that an objective factor external to the defense impeded an effort to properly raise the claim in the state court. Henderson v. Campbell, 353 F.3d 880, 892 (11th Cir. 2003). “[A]ttorney error is an objective external factor providing cause for excusing a procedural default only if that error amounted to a deprivation of the constitutional right to counsel.” Davila v. Davis, 582 U.S. 521, 528, (2017). “Attorney error that does not violate the Constitution, however, is attributed to the prisoner under ‘well-settled principles of agency law.’” Id. at 528 (quoting Coleman, 501 U.S. at 754). Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 6 of 18
Page 7 of 18 A petitioner establishes “prejudice” by showing at least a reasonable probability that the proceeding’s result would have been different. Id. at 892. To satisfy the miscarriage of justice exception, the petitioner must show that “a constitutional violation has probably resulted in the conviction of one who is actually innocent.” Schlup v. Delo, 513 U.S. 298, 327 (1995). “To establish the requisite probability, the petitioner must show that it is more likely than not that no reasonable juror would have convicted him.” Schlup, 513 U.S. at 327. The Schlup standard is very difficult to meet: a substantial claim that constitutional error has caused the conviction of an innocent person is extremely rare. To be credible, such a claim requires [a] petitioner to support his allegations of constitutional error with new reliable evidence—whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence—that that was not presented at trial. Schlup, 513 U.S. at 327. B. Morrill’s Efforts to Exhaust State Remedies Although Morrill alleges that he raised Ground One in both his direct appeal and in his Rule 3.850 proceeding, Doc. 1 at 9, the record Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 7 of 18
Page 8 of 18 establishes that Morrill did not raise this claim in his direct appeal. See Doc. 16-11, Ex. K. Morrill did raise this claim in his original and first amended Rule 3.850 motions filed pro se. See Doc. 16-23, Ex. W (Mot.); Doc. 16-25, Ex. Y (Am. Mot.). The state circuit court struck both motions as facially insufficient but with leave to amend. Doc. 16-24, Ex. X; Doc. 16-26, Ex. Z. In striking the second motion, the state court warned Morrill: “Any claims previously raised and not included in the second amended Rule 3.850 motion shall be deemed abandoned and will not be considered by the Court.” Doc. 16-25, Ex. Z Morrill’s second amended Rule 3.850 motion—filed by Morrill’s postconviction counsel—did not raise an Eighth-Amendment challenge to Morrill’s sentence. Doc. 18-15, Ex. AA. Rather, the second amended motion raised only claims of ineffective assistance of trial counsel. Id. Morrill’s Eighth-Amendment challenge to his sentence is not the same as a Sixth-Amendment ineffective-assistance-of-trial-counsel claim, even if one or more of the IAC claims is based on counsel’s failure to raise the Eighth-Amendment claim. The claims are separate and distinct—legally and factually—for purposes of satisfying the federal Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 8 of 18
Page 9 of 18 habeas exhaustion requirement. See Green, 28 F.4th at 1135–37 (unexhausted Brady claim was not the same claim as an ineffective- assistance-of-counsel claim based on counsel’s failure to raise the Brady violation; the two claims were separate and distinct for purposes of the federal habeas exhaustion requirement); Pietri v. Fla. Dep’t of Corr., 641 F.3d 1276, 1289 (11th Cir. 2011) (“Pietri’s assertion of a substantive judicial bias claim in state post-conviction proceedings is not sufficient to preserve his claim of ineffective assistance of appellate counsel for failing to raise the substantive claim. These claims are separate and distinct.”); Lefroy v. Sec’y for Fla. Dep’t of Corr., 421 F.3d 1237, 1260 n. 24 (11th Cir. 2005); Walker v. Jones, 10 F.3d 1569, 1572 (11th Cir. 1994). Thus, Morrill failed to exhaust his Eighth-Amendment claim in the state courts. Morrill now is procedurally barred from presenting the claim to the state courts, so Ground One is procedurally defaulted. See Fla. R. Crim. P. 3.850(b), (c), (h).1 1 The undersigned did not overlook Morrill’s “Motion to Correct Sentence Pursuant to Rule 3.800(a), Fla. R. Crim. P.” filed on May 13, 2016. Doc. 16-16, Ex. P. That filing, however, was based purely on state law and interpretation of Florida’s criminal statutes. Morrill did not argue that his sentence violated the Eighth Amendment. Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 9 of 18
Page 10 of 18 Morrill has not responded to the State’s procedural default defense and has not made any of the requisite showings to excuse his procedural default. Morrill’s procedural default bars federal habeas review of Ground One. Ground Two “Illegal search & seizure” Doc. 1 at 11. Morrill claims that his conviction was obtained with evidence (a bottle containing a bi-layered liquid) seized during an “illegal search” of his property. Doc. 1 at 11. Morrill claims that he exhausted this claim by raising it in his direct appeal and Rule 3.850 proceeding. Id. The State asserts that under the Stone v. Powell doctrine, the District Court is precluded from reviewing the Fourth-Amendment claim because the State provided Morrill an opportunity for full and fair litigation of the claim in state court. Doc. 16 at 29–33. A. The Stone v. Powell Doctrine “[W]here the State has provided an opportunity for full and fair litigation of a Fourth Amendment claim, a state prisoner may not be granted federal habeas corpus relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial.” Stone, 428 U.S. at 494 (footnotes omitted). The reason is that, in the Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 10 of 18
Page 11 of 18 context of collateral review of Fourth-Amendment claims, “the contribution of the exclusionary rule, if any, to the effectuation of the Fourth Amendment is minimal, and the substantial societal costs of application of the rule persist with special force.” Stone, 428 U.S. at 494- 95 (footnote omitted). “For a claim to be fully and fairly considered by the state courts, where there are facts in dispute, full and fair consideration requires consideration by the fact-finding court, and at least the availability of meaningful appellate review by a higher state court.” Mincey v. Head, 206 F.3d 1106, 1126 (11th Cir. 2000) (internal quotation marks and citation omitted). B. Application of the Stone v. Powell Doctrine to Morrill’s Fourth-Amendment Claim Morrill does not assert that he was not given a full and fair hearing on the merits of his Fourth-Amendment claim in state court, Doc. 1, nor can he truthfully make such a claim. The record establishes that Morrill raised this Fourth-Amendment claim in a pre-trial motion to suppress. Doc. 16-4, Ex. D. The trial judge conducted an evidentiary hearing during which he heard testimony, considered documentary evidence (including photographs), and considered the parties’ arguments. Doc. 16-5, Ex. E. Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 11 of 18
Page 12 of 18 At the conclusion of the hearing, the trial court denied Morrill’s motion, making explicit findings on matters essential to the Fourth Amendment issue. Id. Morrill obtained further review of the issue on direct appeal. Doc. 16-11, Ex. K at 14–18 (Initial Br.); Doc. 16-12, Ex. L (State’s Answer Br.). The First DCA affirmed. Doc. 16-13, Ex. M. Because Morrill had a full and fair opportunity to litigate his Fourth-Amendment claim in the state courts, Stone v. Powell bars federal habeas review of the claim. Thus, Ground Two must be denied. Ground Three “Not competent to stand trial” Doc. 1 at 13. Morrill claims he was “[n]ot competent to stand trial” because he “had attempted suicide the day before trial. [R]ight arm was bandaged at trial.” Doc. 1 at 13. The undersigned construes this claim as a substantive competency claim alleging that Morrill’s due process rights were violated because he was incompetent when he stood trial. See James v. Singletary, 957 F.2d 1562, 1569–72 (11th Cir. 1992) (distinguishing procedural competency claims from substantive competency claims). The State asserts this claim is procedurally defaulted. Doc. 16 at 33–41. A. Morrill’s Substantive Competency Claim Is Not Procedurally Defaulted Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 12 of 18
Page 13 of 18 Morrill asserts that he presented this claim to the state courts in both his direct appeal and in his Rule 3.850 proceeding, Doc. 1 at 13. The record establishes, however, that Morrill did not raise this claim in his direct appeal or in his counseled second amended Rule 3.850 motion. See Doc. 16-11, Ex. K; Doc. 18-15, Ex. AA. Nevertheless, the Eleventh Circuit has held that substantive competency claims cannot be procedurally defaulted. Raheem v. GDCP Warden, 995 F.3d 895, 928, 929 (11th Cir. 2021) (although procedural competency claims can be procedurally defaulted, “a substantive incompetency claim . . . cannot be procedurally defaulted”); Lawrence v. Sec’y, Fla. Dep’t of Corr., 700 F.3d 464, 481 (11th Cir. 2012) (adhering to “both pre–and post-AEDPA precedent . . . holding that substantive competency claims generally cannot be procedurally defaulted”); Wright v. Sec'y, Dep’t of Corr., 278 F.3d 1245, 1258-59 (11th Cir. 2002) (“The district court’s ruling that Wright had procedurally defaulted his substantive due process mental competency claim is contrary to the law of this circuit that such claims generally cannot be defaulted.”). B. Morrill Is Not Entitled to Habeas Relief Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 13 of 18
Page 14 of 18 No state court directly ruled on Morrill’s substantive competency claim.2 Thus, the claim is reviewed de novo. 1. The Federal Due Process Competency Standard A defendant is incompetent to stand trial if he lacks “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and a rational as well as factual understanding of the proceedings against him.” Godinez v. Moran, 509 U.S. 389, 396 (1993) (internal quotation marks omitted) (citing Dusky v. United States, 362 U.S. 402, 402 (1960)). “Not every manifestation of mental illness demonstrates incompetence to stand trial; rather, the evidence must indicate a present inability to assist counsel or understand the charges.” Medina v. Singletary, 59 F.3d 1095, 1107 (11th Cir. 1995) (internal quotation marks and citation omitted, alteration adopted). 2 The state court in Morrill’s Rule 3.850 proceeding did observe, in denying Morrill’s ineffective-assistance-of-trial-counsel claim based on counsel’s alleged failure to investigate Morrill’s competence to stand trial, that Morrill’s suicide attempts before and after trial did not “indicate he would be incompetent to proceed under Dusky.” Doc. 16-30, Ex. DD. Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 14 of 18
Page 15 of 18 “[A] petitioner raising a substantive claim of incompetency is entitled to no presumption of incompetency and must demonstrate his or her incompetency by a preponderance of the evidence.” Id. at 1106. 2. Morrill Fails to Demonstrate He Was Incompetent Morrill’s sole basis for claiming incompetency is that he attempted suicide the day before trial. Doc. 1 at 13. This unadorned allegation falls far short of showing that Morrill lacked the capacity to understand the proceedings and to assist counsel. See Dusky, 362 U.S. 402; see also, e.g., United States v. Collins, 834 F. App’x 537, 541 (11th Cir. 2020) (“[A] defendant is not incompetent based solely on suicidal ideations or mental illness or disability. Because at their core, competency determinations have ‘a modest aim: they seek to ensure that the defendant has the capacity to understand the proceedings and to assist counsel.’” (quoting Godinez, 509 U.S. at 402) (first alteration added, subsequent alterations adopted)). The undersigned has reviewed the record of Morrill’s trial and sentencing. Morrill testified at both proceedings. Nothing during Morrill’s trial testimony or statements during sentencing indicates that Morrill lacked the ability to assist counsel or understand the charges and Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 15 of 18
Page 16 of 18 proceedings against him. See Doc. 16-6, Ex. F (Trial Tr.); Doc. 16-8, Ex. H (Sentencing Tr.); see also Doc. 16-30, Ex. DD at 5–6 (state court’s detailed description of Morrill’s statements at trial and sentencing that indicate Morrill was competent to stand trial). Because Morrill fails to show that he was incompetent to stand trial, he is not entitled to habeas relief on his substantive competency claim. A CERTIFICATE OF A PPEALABILITY I S N OT WARRANTED Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts provides: “[t]he district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant.” If a certificate is issued, “the court must state the specific issue or issues that satisfy the showing required by 28 U.S.C. § 2253(c)(2).” 28 U.S.C. § 2254 Rule 11(a). A timely notice of appeal must still be filed, even if the court issues a certificate of appealability. See 28 U.S.C. § 2254 Rule 11(b). “[Section] 2253(c) permits the issuance of a COA only where a petitioner has made a ‘substantial showing of the denial of a constitutional right.’” Miller-El v. Cockrell, 537 U.S. 322, 336 (2003) Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 16 of 18
Page 17 of 18 (quoting 28 U.S.C. § 2253(c)). “At the COA stage, the only question is whether the applicant has shown that jurists of reason could disagree with the district court’s resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.” Buck v. Davis, 580 U.S. 100, 115 (2017). “When the district court denies a habeas petition on procedural grounds without reaching the prisoner’s underlying constitutional claim, a COA should issue when the prisoner shows, 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.” Slack v. McDaniel, 529 U.S. 473, 484 (2000) (emphasis added). Here, Petitioner has not made the requisite demonstration. Accordingly, the court should deny a certificate of appealability in its final order. “Before entering the final order, the court may direct the parties to submit arguments on whether a certificate should issue.” 28 U.S.C. § 2254 Rule 11(a). If there is an objection to this recommendation, the relevant party shall file such an objection with the District Court. Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 17 of 18
Page 18 of 18 CONCLUSION For the reasons set forth above, the undersigned respectfully RECOMMENDS that the District Court: 1. DENY the petition for writ of habeas corpus, Doc. 1. 2. DENY a certificate of appealability. 3. DIRECT the clerk of court to close this case file. At Panama City, Florida, this 30th day of October 2025. /s/ Michael J. Frank Michael J. Frank United States Magistrate Judge NOTICE TO THE PARTIES The District Court referred this case to a magistrate judge to make recommendations regarding dispositive matters. See 28 U.S.C. § 636(b)(1)(B), (C). Objections to these proposed findings and recommendations must be filed within fourteen days of the date of the report and recommendation. Any different deadline that may appear on the electronic docket is for the court’s internal use only. A party must serve a copy of any objections on all other parties. A party who fails to object to this report and recommendation waives the right to challenge on appeal the District Court’s order based on unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1; 28 U.S.C. § 636. Case 5:24-cv-00269-MW-MJF Document 21 Filed 10/30/25 Page 18 of 18
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