FLORIDA POST CONVICTION – 3.850 & 3.851

The Writ of Habeas Corpus was developed in the Middle Ages in England that commanded the Crown to “bring forth the body” before a judge so that a determination could be made whether his continued incarceration was unlawful. This right of incarcerated persons to seek a final review of their case after they have lost their appeal is the final stage of the battle for liberty.

For those convicted of Florida crimes, who have lost their appeals and remain incarcerated, the Writ of Habeas Corpus has been codified in Rule 3.850 of the Florida Rules of Criminal Procedure. If the defendant is serving a death sentence, there are special rules governing post-conviction motions codified in Rule 3.851 of the Florida Rules of Criminal Procedure. If a sentence imposed was illegal, then relief can be sought by filing a Motion to Correct Illegal Pursuant to Rule 3.800 of the Florida Rules of Criminal Procedure. All of these Motions for Post-Conviction Relief are filed in the trial court that heard the case.

Habeas corpus cases are some of the most legally and factually complex when compared to any other area of law. Yet, there is no constitutional right to have an attorney represent a defendant at this stage of the proceeding. Most people who are eligible to file these motions are serving lengthy prison sentences. They frequently do it themselves or with the help of fellow inmates. Doing this can be disastrous. This is because the law only gives you one opportunity to file a Motion under Rules 3.850 or 3.851. Mr. White has seen all too often the prospects of a successful Motion for Post-Conviction Relief under Rule 3.850 that is rejected because the defendant had already filed the one allowed.

There is a two-year Statute of Limitations to filing Motions for Post-Conviction Relief Pursuant to Rule 3.850. As a practical matter, these Motions should be filed within one year. Filing within one year preserves the right to seek review of an adverse decision in Federal District Court pursuant to a Motion to Vacate, Set Aside or Correct Illegal Sentence Pursuant to Title 28, United States Code, Section 2254. The Statute of Limitations for filing a Motion to Vacate in Federal Court Pursuant to Section 2254 begins when the conviction becomes final in State Court, and is only tolled by the filing of a Motion for Post-Conviction Relief Pursuant to Rule 3.850. If the Motion under Rule 3.850 is denied, and then unsuccessfully appealed through the Florida Courts, the time resumes running from the date that appeal is final.

The Statute of Limitations for filing a Motion for Post-Conviction Relief in a capital case pursuant to Rule 3.851 is one year. The same rules apply as with Motions under Rule 3.850 for purposes of being timely if the defendant needs to file a Motion to Vacate Pursuant to Section 2254 in Federal Court.

There are exceptions to the Statute of Limitations recognized in Florida law. If a defendant can show excusable neglect, he can file a Motion Pursuant to Rule 3.050 to seek permission to file either a 3.850 or 3.851 late.
A defendant presenting newly discovered evidence can file an out-of-time Motion for Post-Conviction Relief under either Rules 3.850 or 3.851 so long as it is filed within the Statute of Limitations after the newly discovered evidence was discovered or should have been discovered through the exercise of due diligence. The same rule applies if relief in Federal Court is sought.

Sometimes, a change in the law gives sentenced prisoners whose post-conviction remedies have been exhausted another opportunity to return to Court. For instance, the U.S. Supreme Court decided the cases of Roper v. Simmons, Graham v. Florida, and Miller v. Alabama, all of which considered the sentences of juveniles as adults. Miller was the latest case decided in 2013. The Court first invalidated the death penalty for juveniles, then mandatory life sentences for juveniles in non-homicides, and then homicide cases. This rule from the U.S. Supreme Court is being applied retroactively to all State prisoners who were juveniles at the time of the incident for which they are serving a life or death sentence.

In recognition of this rule from the U.S. Supreme Court, the Florida Legislature, in 2014, amended Florida Statute Section 775.082, to provide special treatment for juveniles facing mandatory life sentences. In Horsley v. State, the Florida Supreme Court held that juveniles who were being resentenced pursuant to Miller would have their life sentences reviewed pursuant to Section 775.082 as amended.

It was always a tragic waste of a life to take a juvenile away from his family before he turned 18 years old, and lock him up for the rest of his life. Those unfortunates now have an opportunity to have their cases reviewed, and increase their chances for release. Charles G. White is working hard on giving this opportunity to his clients who are serving mandatory life sentences for murder.

Charles G. White has successfully represented people who have been wrongfully convicted and sentenced to prison by filing a Motion under Rule 3.850. He has obtained relief by proving the incompetence of counsel, the suppression of evidence by the State or by the presentation of newly discovered evidence. Understanding how some changes in the law can be applied retroactively to benefit incarcerated persons whose appeals have been exhausted. He is frequently the attorney of last resort.