Valle v. Sec'y, Florida Dep't of Corr., 654 F.3d 1266 (11th Cir. 2011). · Go Syfert
Valle v. Sec'y, Florida Dep't of Corr., 654 F.3d 1266 (11th Cir. 2011). Cases Citing This Book View Copy Cite
“even if successful, 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 can hope for is an opportunity to plead for mercy.”
19 citation events (19 in the last 25 years) across 5 distinct courts.
Strongest positive: Darryl Barwick v. Governor of Florida (ca11, 2023-04-26)
Top citers, strongest first. 11 distinct citers.
examined Cited as authority (verbatim quote) Darryl Barwick v. Governor of Florida (2×) also: Cited as authority (rule)
11th Cir. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
even if successful, 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 can hope for is an opportunity to plead for mercy.
discussed Cited as authority (rule) Cronin v. Davis
M.D. Fla. · 2025 · confidence medium
Conditions-of-confinement claims are distinguished from habeas claims, which seek to “attack the fact or duration of physical imprisonment and to obtain immediate or speedier release.” Valle v. Sec’y, Fla. Dep’t of Corr., 654 F.3d 1266, 1267 (11th Cir. 2011).
discussed Cited as authority (rule) Randy Edwards v. State of Georgia
11th Cir. · 2020 · confidence medium
Thus, “if a claim can be properly raised in one of those proceedings[,] it cannot be raised in the other type of proceeding.” Valle v. Sec’y, Fla. Dept. of Corr., 654 F.3d 1266, 1267 (11th Cir. 2011) (holding that the petitioner’s constitutional claims about clemency procedures are collateral to his conviction and sentence and, thus, are not cognizable in a § 2254 proceeding and may only be brought under § 1983).
discussed Cited as authority (rule) Dailey v. Secretary, Department of Corrections
M.D. Fla. · 2019 · confidence medium
“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.” Valle v. Sec'y, Fla. Dep't of Corr., 654 F.3d 1266, 1267 (11th Cir. 2011); see also Davis v. Scott, No. 8:14-CV-01676-T-27TB, 2014 WL 3407473 , at *2 (M.D.
discussed Cited as authority (rule) Gary Ray Bowles v. Ron Desantis, Governor
11th Cir. · 2019 · confidence medium
It is instead a discretionary remedy that is “granted ‘as a matter of grace.’” Valle v. Sec’y, Fla. Dep’t of Corr., 654 F.3d 1266, 1268 (11th Cir. 2011) (quoting Ohio Adult Parole Auth. v. Woodard, 523 U.S. 272 , 280–81 (1998)).
discussed Cited as authority (rule) Hall v. Thomas
S.D. Ala. · 2013 · confidence medium
More generally, Hall’s argument both in his petition and in his reply brief overlooks the overarching principle that “[fjederal 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.” Valle v. Secretary, Florida Dep’t of Corrections, 654 F.3d 1266, 1267 (11th Cir.2011).
discussed Cited as authority (rule) Torrey Twane McNabb v. Commissioner Alabama Department of Corrections (2×)
11th Cir. · 2013 · confidence medium
By contrast, “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.” Valle v. Sec’y, Fla. Dep’t of Corr., 654 F.3d 1266, 1267 (11th Cir. 2011), cert. denied, 132 S. Ct. 73 (2011).
discussed Cited as authority (rule) Torrey Twane McNabb v. Commissioner Alabama Department of Corrections
11th Cir. · 2013 · confidence medium
By contrast, “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.” Valle v. Sec’y, Fla. Dep’t of Corr., 654 F.3d 1266, 1267 (11th Cir. 2011), cert. denied, 132 S. Ct. 73 (2011).
cited Cited as authority (rule) Valle v. Scott
11th Cir. · 2011 · confidence medium
Valle v. Sec’y Fla. Dep’t of Corrs., 654 F.3d 1266 , 2011 WL 3925753, at *2 (11th Cir.2011) (per curiam).
discussed Cited "see" MICHAEL v. DIXON
N.D. Fla. · 2023 · signal: see · confidence high
See Valle v. Sec’y, Fla. Dep’t of Corr., 654 F.3d 1266 , 1267–68 (11th Cir. 2011) (noting that a section 1983 claim—not a section 2254 petition—is the proper vehicle to challenge the process by which clemency decisions are made).
discussed Cited "see" Banks v. Secretary, Florida Department of Corrections (2×)
11th Cir. · 2016 · signal: see · confidence high
See Valle v. Sec’y, Fla. Dep’t of Corr., 654 F.3d 1266, 1267 (11th Cir. 2011) (per curiam).
Manuel A. VALLE, Petitioner-Appellant,
v.
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees
11-13962.
Court of Appeals for the Eleventh Circuit.
Sep 8, 2011.
654 F.3d 1266
Paul Edward Kalil, Neal A. Dupree, Suzanne Myers Keffer, Capital Collateral Regional Counsel-South, Fort Lauderdale, FL, for Petitioner-Appellant., Sandra Sue Jaggard, Office of the Attorney General, Miami, FL, for RespondentsAppellees.
Carnes, Hull, Wilson.
Cited by 15 opinions  |  Published
Pinpoint authority: bottom 54%
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, 161 L.Ed.2d 253 (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, 36 L.Ed.2d 439 (1973) (discussing the tradi[*1268] tional 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 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, 140 L.Ed.2d 387 (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.

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, 165 L.Ed.2d 44 (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.