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
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
You can find some information in the case of Lawrence v. Florida (05-8820).
OK - I'll check it out.
Thanks
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.
I filed a Writ of Mandamus in 1998. Its been 8 years. Never received a response from the court.
DJnFlorida
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.