Legal Opinion

Bernaiche v. Secretary, Department of Corrections (Manatee County)

District Court, M.D. Florida

Decided March 1, 2024No. 8:24-cv-00506Unknown

1Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DONALD BERNAICHE, Petitioner, v. Case No. 8:24-cv-506-WFJ-JSS SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent. / ORDER Donald Bernaiche is a Florida prisoner serving a fourteen-year sentence for sexual battery on a person twelve or older but less than eighteen by a person in familial or custodial authority. He initiated this action by filing a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. 1). Mr. Bernaiche’s sole claim for relief is that the trial court violated his right to due process by erroneously…

2Cases cited7 opinions

  1. Burton v. StewartSupreme Court of the United States · 2007
  2. Ted Herring v. Secretary, Department of CorrectionCourt of Appeals for the Eleventh Circuit · 2005
  3. Michael R. Branan v. William E. Booth, and Robert A. Butterworth, Attorney General of the State of FloridaCourt of Appeals for the Eleventh Circuit · 1988
  4. Robert Felder v. Richard D. McVicarCourt of Appeals for the Seventh Circuit · 1997
  5. David Thai v. United StatesCourt of Appeals for the Second Circuit · 2004

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