JONES III

v.

SECRETARY, DEPARTMENT OF CORRECTIONS (SARASOTA COUNTY)

This matter comes before the Court on Byron Jones’ Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Upon careful review of the record, the Court finds that Mr. Jones is entitled to discovery and an evidentiary hearing with respect to his Giglio v. United States, 405 U.S. 150 (1972) claim. See Dkt. 1 at 28– 36. Indeed, “such a hearing could enable [Mr. Jones] to prove the [P]etition’s factual allegations, which, if true, would entitle [him] to federal habeas relief” under the Antiterrorism and Effective Death Penalty Act of 1996. Schriro v. Landrigan, 550 U.S. 465, 474 (2007).1

Giglio claim. The Court anticipates that this may include deposing co-defendants Vincent Gonzalez and Azalea Mendoza, as well the state prosecutors involved with said co-defendants’ plea deals. While further discovery efforts may be necessary,

they shall not extend to other matters raised in Mr. Jones’ Petition. Approximately ten days after the ninety-day discovery period expires, which will commence upon the docketing of this Order, the Court will hold a status conference. Accordingly, it is hereby ORDERED and ADJUDGED:

(1) Mr. Jones is granted discovery and an evidentiary hearing as to his Giglio claim. (2) The parties have ninety days to conduct discovery.

DONE AND ORDERED at Tampa, Florida, on November 27, 2023. /s/ William F. Jung

WILLIAM F. JUNG

UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO: Counsel of Record