SKIPPER v. JONES
4:16-cv-00632
N.D. Fla.Sep 22, 2017Background
- On January 24, 2014, officers searched Skipper and the camper he occupied and seized methamphetamine, a firearm, and other items; arrests and charges followed.
- Skipper was charged in Case No. 14-CF-21 (drug and firearm counts) and his possession also supported violations of community control in two earlier cases (13-CF-177 and 12-CF-406).
- Skipper filed a counseled motion to suppress the evidence from the January 24 search; the trial court held an evidentiary hearing and denied the motion in a written order.
- Skipper was convicted (VOCC revocations and a no-contest plea to possession in 14-CF-21) and sentenced; his plea preserved the right to appeal the suppression ruling.
- The Florida First DCA affirmed both judgments per curiam. Skipper then filed a federal habeas petition asserting a Fourth Amendment violation based on the allegedly invalid warrant-based search.
- The magistrate judge recommended dismissal under Stone v. Powell, concluding Skipper received a full and fair opportunity to litigate the Fourth Amendment claim in state court and denied a certificate of appealability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search of Skipper's camper violated the Fourth Amendment | Skipper: search exceeded scope of warrant/was invalid; evidence should be suppressed | Respondent: Skipper had a full and fair state-court opportunity to litigate the suppression issue, so federal habeas review is barred under Stone | Court: Claim barred by Stone v. Powell; habeas petition dismissed with prejudice |
| Whether a certificate of appealability (COA) should issue | Skipper: (implicitly) claims matter is debatable and merits review | Respondent: jurists of reason would not find procedural ruling or underlying claim debatable | Court: COA denied |
Key Cases Cited
- Stone v. Powell, 428 U.S. 465 (1976) (federal habeas relief barred for Fourth Amendment claims if state provided full and fair litigation)
- Mincey v. Head, 206 F.3d 1106 (11th Cir. 2000) (explains full-and-fair-litigation requirement for Fourth Amendment habeas claims)
- Miller-El v. Cockrell, 537 U.S. 322 (2003) (standard for issuing a certificate of appealability)
- Buck v. Davis, 580 U.S. (2017) (clarifies COA standard referencing Miller-El)
- Slack v. McDaniel, 529 U.S. 473 (2000) (COA standards when petition denied on procedural grounds)
- Tukes v. Dugger, 911 F.2d 508 (11th Cir. 1990) (discusses full and fair consideration requirement)
- Morgan v. Estelle, 588 F.2d 934 (5th Cir. 1979) (same)