Summary
The Florida Third District Court of Appeal 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 had become final more than thirteen years earlier, exceeding the applicable two- and four-year limits under Florida Rule of Appellate Procedure 9.141(d)(5).
Topics
Practice areas
Questions Presented
- Whether Scott's petition alleging ineffective assistance of appellate counsel was timely under Florida Rule of Appellate Procedure 9.141(d)(5).
- Whether the petition should be dismissed because it was filed more than four years after the judgment and sentence became final on direct review.
Holdings
- A petition alleging ineffective assistance of appellate counsel on direct review is untimely when filed more than two years after the judgment and sentence became final, absent the rule's specific exception, and in no event may it be filed more than four years after finality.
Key quotations
“A petition alleging ineffective assistance of appellate counsel on direct review must not be filed more than 2 years after the judgment and sentence become final on direct review unless it alleges under oath with a specific factual basis that the petitioner was affirmatively misled about the results of the appeal by counsel. In no case may a petition alleging ineffective assistance of appellate counsel on direct review be filed more than 4 years after the judgment and sentence become final on direct review.” (2)
Factual background
Petitioner Pleadro J. Scott challenged the effectiveness of his appellate counsel during his direct appeal. His conviction and sentence became final more than thirteen years before this petition was filed. The court also noted that this was the third time Scott had sought habeas relief on the same general basis.
Procedural history
Scott filed a habeas petition alleging ineffective assistance of appellate counsel. The court noted that he had previously pursued the same type of relief three times and that his conviction and sentence became final more than thirteen years earlier. The court dismissed the petition as untimely.