Pleadro J. Scott v. State of Florida

Summary

The Third District Court of Appeal of Florida dismissed Pleadro J. Scott’s habeas corpus petition alleging ineffective assistance of appellate counsel. The court held that the petition was untimely because Scott’s conviction and sentence became final more than twelve years earlier, citing Florida Rule of Criminal Procedure 9.141(d)(5).

Holdings

1. A petition alleging ineffective assistance of appellate counsel on direct review is untimely when filed more than two years after the judgment and sentence become final, absent the rule's specific exception for affirmative misleading by counsel, and in no event may it be filed more than four years after finality. Because Scott filed his petition more than twelve years after finality, the petition was untimely.

Questions Presented

1. Whether Scott's petition alleging ineffective assistance of appellate counsel was timely under Florida Rule of Criminal Procedure 9.141(d)(5).

Disposition

dismissed