Cromartie v. Shealy, No. 19-14268 (11th Cir. 2019)Annotate this Case
The Eleventh Circuit affirmed the district court's dismissal of plaintiff's complaint and denied his emergency motion for a stay of execution as moot. The court rejected plaintiff's challenge to Georgia's requirement that a prisoner show he acted with due diligence in filing his motion, and Georgia’s requirement that the favorable DNA testing results create a reasonable probability that he would have been acquitted had those results been available at trial.
The court also held that the district court properly dismissed plaintiff's as-applied due process claim because, to the extent he made the challenge in his complaint, he expressly disavowed it in his reply to the State's motion to dismiss; even if the argument were not waived, it was foreclosed by circuit precedent; and the claim amounted to an assertion that the state court misapplied state law, which, without more, did not violate the federal Constitution. Finally, the court held that, because plaintiff failed to identify a cause of action that meets the actual injury requirement for a claimed denial of access to the courts, the district court properly dismissed his access to the courts claims for lack of subject matter jurisdiction.