Holmes v. State — Fifth District summarily affirmed in a Rule 3.853 appeal

Case
Wilson Holmes v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
EISNAUGLE; HARRIS; MACIVER
Date Decided
September 22, 2026
Docket No.
5D2026-0400
Topics
Criminal Appeals, Postconviction Relief, DNA Testing
Source
Read the full opinion

Background

Wilson Holmes, proceeding without counsel, appealed from the Circuit Court for Duval County in lower-tribunal case number 2010-CF-010400. Circuit Judge Mark Jeffrey Borello entered the ruling under review.

The Fifth District identified the matter as a Florida Rule of Criminal Procedure 3.853 appeal. That rule governs motions seeking postconviction DNA testing. The State made no appearance in the appeal, and the opinion supplies no further facts, arguments, or procedural details.

The Court’s Holding

The Fifth District Court of Appeal affirmed the circuit court’s ruling. Its per curiam opinion consists solely of the word “AFFIRMED.”

Because the court provided no reasoning, the opinion establishes only that the lower court’s disposition remains in place. It does not disclose the basis for that disposition or announce a broader rule concerning postconviction DNA testing.

Key Takeaways

  • The Fifth District affirmed the ruling challenged in Holmes’s Rule 3.853 appeal.
  • The decision was per curiam and contained no legal analysis.
  • Judges Eisnaugle, Harris, and MacIver concurred.

Why It Matters

The decision ends this stage of Holmes’s effort to obtain relief under Rule 3.853, subject to any timely and authorized rehearing or related motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Because the court did not explain its reasoning, the opinion offers little precedential guidance for attorneys litigating other postconviction DNA-testing motions.

✉️ Get tomorrow’s cases before your first coffee
Daily Case Law is our free morning digest — the most substantive new decisions, filtered to your jurisdictions and topics, each linking back here for the full analysis.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top