Opinion filed May 13, 2026.Not final until disposition of timely filed motion for rehearing.
No. 3D26-0388
Lower Tribunal No. 96-CF-859-A-K
Kenya Ramsey,Appellant,
vs.
State of Florida,Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) fromthe Circuit Court for Monroe County, Mark H. Jones, Judge.
Kenya Ramsey, in proper person.
James Uthmeier, Attorney General, for appellee.
Before SCALES, C.J., and LINDSEY, and GOODEN, JJ.
PER CURIAM.
Original opinion page 2
2Upon our review of the record, we find no legal basis to grant Appellantrelief. As such, we affirm. See Garcia-Manriquez v. State, 317 So. 3d 1203,1203 (Fla. 3d DCA 2021) (first quoting Beiro v. State, 289 So. 3d 511, 511–12 (Fla. 3d DCA 2019) (“The mere incantation of the words ‘manifestinjustice’ does not make it so. [Appellant] has failed to allege any facts—norcan he—to justify invoking the extremely limited concept of manifest injusticeto excuse a procedural bar and allow us to review the merits of his instantclaim.”); and then quoting Cuffy v. State, 190 So. 3d 86, 87 (Fla. 4th DCA2015) (“The term ‘manifest injustice,’ which has been acknowledged as anexception to procedural bars to postconviction claims in only the rarest andmost exceptional of situations, now is abused widely by postconvictionlitigants. Courts are routinely confronted with untimely and successivepostconviction challenges, which cavalierly attempt to circumvent the barssimply by asserting ‘manifest injustice.’ However, rule 3.850 contains no‘manifest injustice’ exception to the rule’s time limitation or bar against filingsuccessive postconviction motions.”)).Affirmed.
Opinion text and original PDF from Florida Third District Court of Appeal · Source opinion