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  1. #1
    Join Date
    Feb 2007
    Location
    Florida
    Posts
    11

    Post Post-Conviction Time Limit

    Could someone tell me what time constraints there are when filing a post-conviction motion in Florida?

    I was convicted of 1st Deg Murder in 1991. It was an accidental death, not premeditated.

    DJnFlorida

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Post-conviction time limit

    You can find some information in the case of Lawrence v. Florida (05-8820).

  3. #3
    Join Date
    Feb 2007
    Location
    Florida
    Posts
    11

    Default Re: Post-conviction time limit

    OK - I'll check it out.

    Thanks

  4. #4
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Post-conviction time limit

    Quote Quoting DJnFlorida
    View Post
    OK - I'll check it out.

    Thanks
    Did you appeal the original conviction?

  5. #5
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Post-conviction time limit

    Also, regardless of what you decide to do regarding your state post-conviction remedies, remember federal habeas corpus relief under 28 USC Section 2254 although because of time, perhaps failure to avail yourself of any available state remedies, etc., you may have some procedural obstacles to overcome. Also, you must exhaust any available state remedies before pursuing the federal post-conviction relief.

  6. #6
    Join Date
    Feb 2007
    Location
    Florida
    Posts
    11

    Default Re: Post-conviction time limit

    I filed a Writ of Mandamus in 1998. Its been 8 years. Never received a response from the court.

    DJnFlorida

  7. #7
    Join Date
    May 2010
    Posts
    3

    Default Re: Post-conviction time limit

    We had my PA PCRA on January 22, 2010. Both Closing Briefs have been submitted and now we are waiting on the judge make a ruling. The judge is also implemented in the PCRA to have had Recused himself. What is the time limit here until we appeal to the state? it has ben over 120 days.

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