Wells v. Sec'y, Dep't of Corr., No. 18-12957

CourtUnited States Courts of Appeals. United States Court of Appeals (11th Circuit)
Writing for the CourtPER CURIAM
PartiesTAYLOR GLENN WELLS, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL, STATE OF FLORIDA, Respondents-Appellees.
Docket NumberNo. 18-12957
Decision Date26 April 2019

TAYLOR GLENN WELLS, Petitioner-Appellant,
v.
SECRETARY, DEPARTMENT OF CORRECTIONS,
ATTORNEY GENERAL, STATE OF FLORIDA, Respondents-Appellees.

No. 18-12957

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

April 26, 2019


DO NOT PUBLISH

Non-Argument Calendar

D.C. Docket No. 6:18-cv-00831-PGB-KRS

Appeal from the United States District Court for the Middle District of Florida

Before WILSON, WILLIAM PRYOR and HULL, Circuit Judges.

PER CURIAM:

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Taylor Wells, a Florida prisoner, appeals the sua sponte dismissal of his second petition for a writ of habeas corpus. 28 U.S.C. §§ 2254, 2244(b)(2). Wells filed his second petition after obtaining from a Florida court an amended judgment crediting him for additional time that he had spent in jail awaiting trial. See Fla. R. Crim. P. 3.801. The district court dismissed Wells's petition for lack of jurisdiction because he failed to obtain leave to file a second or successive petition. See 28 U.S.C. § 2244(b)(3)(A). We affirm.

In 1994, a Florida jury found Wells guilty of first-degree murder, armed burglary, two counts of armed robbery, conspiracy, and attempted armed robbery, and the trial court sentenced him to imprisonment for life and credited him for 416 days that he had served in the Brevard County Jail. Wells appealed and, in 1995, a Florida appellate court affirmed his convictions and sentence. Wells v. State, 658 So. 2d 1005 (Fla. Dist. Ct. App. 1995). In 2000, Wells filed a federal petition for a writ of habeas corpus, 28 U.S.C. § 2254, which the district court dismissed as untimely, id. § 2244(d). We affirmed summarily. Wells v. Moore, 254 F.3d 1084 (11th Cir. 2001).

In 2017, Wells moved the state trial court to amend its judgment to credit him for 57 additional days that he served in jail before sentencing. See Fla. R. Crim. P. 3.801 ("A court may correct a final sentence that fails to allow a defendant credit for all of the time he . . . spent in the county jail before sentencing . . . .").

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The trial court granted Wells's motion and ordered the clerk of court to "amend the Judgment and Sentence to reflect that [Wells was] entitled to a total of 473 days jail credit." The amended judgment listed Wells's original convictions and sentence and stated his sentence was "amended as to additional credit for [473 days of] time serve[d]." On the signature lines of the amended judgment, the trial judge wrote, "nunc pro tunc 8-16-1994."

On May 28, 2018, Wells filed his second federal petition for a writ of habeas corpus. Wells argued that his sentence to life imprisonment constituted cruel and unusual punishment in violation of the Eighth Amendment; that his convictions were obtained in violation of Miranda v. Arizona, 384 U.S. 436 (1966); that insufficient evidence supported his convictions; that trial counsel was ineffective; and that his codefendants had supplied newly-discovered evidence of his innocence. The district court dismissed Wells's petition as successive without requesting a response from the state. See 28 U.S.C. § 2244(b)(2), (b)(3)(A). Wells moved to alter or amend the judgment, Fed. R. Crim. P. 52(b), 59(e), but the district court denied the motion.

"We review de novo whether a petition for a writ of habeas corpus is second or successive." Patterson v. Sec'y, Fla. Dep't of Corr., 849 F.3d 1321, 1324 (11th Cir. 2017) (en banc). To determine whether a petition is successive, we examine the "judgment challenged." Id. at 1325 (quoting Insignares v. Sec'y, Fla. Dep't of

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Corr., 755 F.3d 1273, 1277 (11th Cir. 2014)). "The judgment that matters for purposes of section 2244 is 'the judgment authorizing the prisoner's confinement.'" Id. (quoting Magwood v. Patterson, 561 U.S. 320, 332 (2010)). To be entitled to another round of federal habeas corpus review, the...

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