No. 25-304

Kevin J. Koelemij v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2025-09-16
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 28-usc-2254 certificate-of-appealability constitutional-rights fair-trial judicial-misconduct state-trial-court
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-10-10
Question Presented (AI Summary)

Whether the court of appeals improperly denied the Petitioner a certificate of appealability on his 28 U.S.C. § 2254 claim that he was denied his constitutional right to a fair trial as a result of the state trial court rebuking the Petitioner and then defense counsel in the presence of the jury

Question Presented (OCR Extract)

No question identified. : i A. QUESTION PR ESENTED FOR REVIEW Whether the court of appeal s improperl y denied the Petitioner a certi ficate of appeal ability on his 28 U.S.C. § 2254 claim that he was denied his consti tutional right to a fair trial as a resul t of the state trial court rebuki ng the Petitioner and then defense counsel in the presence of the j ury. ii B. PAR TIES INVOLVED AND RELATED CASES 1. Parties In volved The parties involved are identi fied in the style of the case. 2. R elated Cases a. State of Florida v. Kevin Koelemij , case no. 2015-CF-972, Florida Second Judicial Circuit Court, Leon County. Judgment entered on August 15, 2018. b. Kevin Koelemij v. State of Florida , case no. 1D2018-3432, Florida First District Court of Appeal (direct appeal ). Opinion entered on December 10, 2018. c. Kevin Koelemij v. Secretary, Department of Corrections , case no. 4:21-cv-373-AW-ZCB, Northern District of Florida (28 U.S.C. § 2254 petition). Judgment entered on September 16, 2024. iii d. Kevin Koelemij v. Secretary Department of Corrections State of Florida, case no. 24-13381, Eleventh Circuit Court of Appeal s (appeal from the denial of the § 2254 petition/request for a certificate of appeal ability). Order denyi ng a certi ficate of appeal ability entered on May 12, 2025. iv C.

Docket Entries

2025-10-14
Petition DENIED.
2025-09-24
DISTRIBUTED for Conference of 10/10/2025.
2025-09-18
Waiver of Ricky D. Dixon, Secretary, Florida Department of Corrections of right to respond submitted.
2025-09-18
Waiver of right of respondent Ricky D. Dixon, Secretary, Florida Department of Corrections to respond filed.
2025-09-09
Petition for a writ of certiorari filed. (Response due October 16, 2025)
2025-07-21
Application (25A79) granted by Justice Thomas extending the time to file until September 9, 2025.
2025-07-10
Application (25A79) to extend the time to file a petition for a writ of certiorari from August 10, 2025 to September 11, 2025, submitted to Justice Thomas.

Attorneys

Kevin Koelemij
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
Ricky D. Dixon, Secretary, Florida Department of Corrections
Sonya Roebuck HorbeltOffice of the Attorney General, Respondent
Sonya Roebuck HorbeltOffice of the Attorney General, Respondent