Valle v. Secretary, FL Dept. of Corrections, et al., No. 11-13962 (11th Cir. 2011)

Annotate this Case

Petitioner, a death row inmate, filed a petition for a writ of habeas corpus under 28 U.S.C. 2254, complaining that he was denied clemency proceedings or alternatively, was denied clemency itself without the benefit of a clemency investigation and clemency counsel. The court held that the district court correctly dismissed petitioner's section 2254 petition where he had no right to clemency that he could enforce through his habeas petition. The court also denied petitioner's request to stay the execution and remand to the district court so that counsel could be appointed and the complaint could be raised under 42 U.S.C. 1983 where petitioner had not shown a significant or substantial likelihood of success on the merits of his clemency claim or claims. Accordingly, the court affirmed the judgment of the district court.

Download PDF

[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 11-13962 ________________________ SEPT. 8, 2011 JOHN LEY CLERK D.C. Docket No. 1:11-cv-23068-JEM MANUEL A. VALLE, llllllllllllllllllllllllllllllllllllllllPetitioner - Appellant, versus SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL, STATE OF FLORIDA, llllllllllllllllllllllllllllllllllllllllRespondents - Appellees. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (September 8, 2011) Before CARNES, HULL and WILSON, Circuit Judges. PER CURIAM: Death row inmate, Manuel Valle, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. He complains that he was denied clemency proceedings or alternatively was denied clemency itself without the benefit of a clemency investigation and clemency counsel. Petitions under § 2254 cannot be brought to challenge the process by which clemency decisions are made when issuance of a writ would not actually or impliedly invalidate a sentence. See Wilkinson v. Dotson, 544 U.S. 74, 81, 125 S.Ct. 1242, 1247 48 (2005) ( § 1983 remains available for procedural challenges where success in the action would not necessarily spell immediate or speedier release for the prisoner ); Hutcherson v. Riley, 468 F.3d 750, 754 (11th Cir. 2006) (recognizing that § 1983 and § 2254 proceedings are mutually exclusive so that if a claim can be properly raised in one of those proceedings it cannot be raised in the other type of proceeding). Federal habeas corpus law exists to provide a prisoner an avenue to attack the fact or duration of physical imprisonment and to obtain immediate or speedier release. See 28 U.S.C. § 2254; Preiser v. Rodriguez, 411 U.S. 475, 485 86, 93 S. Ct. 1827, 1834 (1973) (discussing the traditional scope of habeas corpus relief). Even if successful, Valle s claim would not necessarily lead to his speedier release, a commutation of his sentence, or even the implication that his sentence is invalid. The most Valle can hope for is an opportunity to plead for mercy. Valle s constitutional claims about clemency procedures are collateral to his conviction and sentence, and are not cognizable in 2 this § 2254 proceeding. His complaint about Florida s clemency procedures may only be brought under 42 U.S.C. § 1983. Valle also argues that if Florida clemency procedures were improperly applied in his case the entire Florida capital sentencing scheme is unconstitutional and, as a result, his death sentence (along with those of everyone else on Florida s death row) is unconstitutional and must be set aside. The argument is without merit. It is undisputed that Florida law provides clemency proceedings and for the appointment of counsel for those who are being considered for clemency. Any problem with the application of those constitutionally adequate procedures in a single case would not render the entire Florida capital punishment statute unconstitutional and any death sentences imposed under it invalid. To the extent that Valle argues he is entitled to clemency, his argument fails. Clemency is granted as a matter of grace. Ohio Adult Parole Auth. v. Woodard, 523 U.S. 272, 280 81, 118 S. Ct. 1244, 1250 (1998). The Florida Constitution vests the clemency power solely in the executive branch, and exercise of the power is discretionary. Fla. Const. art. IV, § 8; Sullivan v. Askew, 348 So. 2d 312, 314 16 (Fla. 1977). Valle thus has no right to clemency that he may enforce through his habeas petition. The district court correctly dismissed Valle s § 2254 petition. 3 Alternatively, Valle requests this Court to stay the execution and remand to the district court so that counsel may be appointed and the complaint can be raised under § 1983. But Valle has not shown a significant or substantial likelihood of success on the merits of his clemency claim or claims. See Hill v. McDonough, 547 U.S. 573, 584, 126 S.Ct. 2096, 2104 (2006) (stay of execution requires showing of a significant possibility of success on the merits ); DeYoung v. Owens, 646 F.3d 1319, 1324 (11th Cir. 2011) ( A stay of execution is equitable relief which this Court may grant only if the moving party shows that: (1) he has a substantial likelihood of success on the merits . . . ) (internal marks omitted); Powell v. Thomas, 641 F.3d 1255, 1257 (11th Cir. 2011) ( This Court may grant a stay of execution only if the moving party shows that: (1) he has a substantial likelihood of success on the merits . . . ). Accordingly, his request is denied. AFFIRMED. 4

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.