Petition for Belated Appeal – the Petition requests the ability to file an appeal beyond the 30 day deadline permitted by law as either you asked your attorney to file an appeal, and they failed to do so, or there was an issue that kept you from filing your timely Notice of Appeal - this must be filed within 2 years of the order you are seeking to appeal and in very rare instances may be filed within 4 years of what you are seeking to appeal.

Chapter 119 Public Records Requests – this is the process for requesting documents from government agencies.  The only requirement is that the request be made in writing and provided to the custodian of records for the agency. These requests can be as broad as requesting the whole state’s file or narrow such as a request for a single document or communication. While certain documents are not subject to disclosure, you are able to request phone records, text messages, and emails between state attorneys, officers, and even the attorneys of cooperating witnesses to name a few. There is a cost for the preparation and disclosure of these record – these requests can be made at any time although government agencies may have retention policies for how long they maintain records.

How Public Records can be used to seek relief in your case:

Public records may reveal evidence of ineffective assistance of counsel that you were not previously aware of such as an undisclosed plea, they may show that fraud was committed on the Court in how they ruled on a prior postconviction motion (evidence that an attorney lied at a 3.850 hearing), it could provide Brady Evidence (exculpatory evidence withheld by the government), and/or Giglio Evidence (false evidence presented by the government at trial).  Evidence uncovered through public record requests, would typically be argued through a Rule 3.850 Motion for Postconviction Relief (Newly Discovered Evidence).

Rule 3.800(a) Motion to Correct Illegal Sentence – Motion used to correct a sentence that could not have been legally imposed. Typically, the error must be evident on the face of the record and resolvable without the need for an evidentiary hearing. This motion allows challenges to flawed informations, jury instructions, or verdict forms as well as improper enhancements, minimum-mandatories, incorrect scoresheets, and any other issue that can be classified as a sentencing error. - can be filed at any time.

Rule 3.800(c) Motion for Reduction in Sentence – this Motion requests that your sentencing judge reduce your sentence. This is entirely discretionary with the judge and can be resolved with or without a hearing. Only available for sentences given after trial or an open plea (not negotiated sentences with the State) and can’t be used if your sentence is a minimum mandatory and you received a sentence that does not exceed the minimum mandatory term - must be filed within 60 days of the sentencing or 60 days of the Mandate denying your appeal.

Rule 3.801 Motion to Correct Jail Credit – this Motion requests the sentencing court give you additional jail credit that you were entitled to at the time of the sentencing - must be filed within 1 year of the sentence becoming final. If you are not being given prison credit, that typically needs to be resolved with FDOC through a grievance. If you don’t find the error until after a year, this may still be raised in an emergency habeas petition after you would have been released with the additional credit. This motion does not apply to out of State credit for time spent in another State’s jail pending transport to Florida, this credit may only be awarded by filing a Rule 3.850 Motion.

Rule 3.850 Motion for Postconviction Relief (Motion to Vacate, Set Aside or Correct Sentence) (Incorporates claims of Ineffective Assistance of Counsel) - where a direct appeal raises errors committed by the Court, this Motion raises errors by your attorney in how they represented or advised you.  To be granted a hearing on a claim on ineffective assistance you must specifically lay out your attorney’s deficient performance and how this prejudiced you at trial, or in your decision of whether to enter a plea. So long as you make a legally sufficient claim of ineffective assistance which cannot be refuted by the record (almost all claims of misadvice), you will be granted an evidentiary hearing before the trial court  – must be filed within 2 years of the Mandate or when the sentence became final, if no appeal is taken, (30 days after you were sentenced).

Rule of Appellate Procedure 9.141 Ineffective Assistance of Appellate counsel – this Petition argues to the District Court of Appeal that appellate counsel failed to raise an error in the direct appeal process that would have overturned the sentence or conviction - must be filed within 2 years of the Mandate issued on the direct appeal.

Newly discovered facts that establish ineffective assistance of counsel, can be raised within 2 years of when the evidence became known or could have become known with “due diligence.”

Rule 3.850 Motion for Postconviction Relief (Newly Discovered Evidence) – this Motion argues there is evidence that was not known to you at the time of trial or plea has now come to light that would have changed the outcome of the trial, plea, or sentence. To be granted a hearing on a claim of newly discovered evidence you must allege the evidence existed at the time of trial, could not have been uncovered by you or your attorney with the exercise of due diligence, and if the new evidence were presented at re-trial you would likely be acquitted (in the case of a plea, that you would not have entered a plea and would have proceeded to trial) - must be filed within 2 years of when the evidence became known or could have become known with “due diligence.”

Rule 3.853 Motion for Postconviction DNA Testing – this Motion argues that additional DNA testing (including advanced DNA testing not previously available) would provide exculpatory evidence - can be filed at any time. If favorable DNA evidence is uncovered during this additional testing, the results would typically be argued through a Rule 3.850 Motion for Postconviction Relief (Newly Discovered Evidence).

Rule 10 United States Supreme Court Petition for Writ of Certiorari – if the Florida Supreme Court issues an adverse written opinion in your case, you have the ability to directly seek Certiorari review with the United States Supreme Court – must be filed in the United States Supreme Court within ninety (90) days of the written opinion. The Writ of Certiorari may also be sought once you exhaust your federal options through to the Eleventh Circuit Court of Appeals - must be filed in the United States Supreme Court within ninety (90) days of the opinion issued from the Eleventh Circuit Court of Appeal on your Certificate of Appealability (COA) or any ruling issued on reconsideration.

Rule 9.100 Petition for Writ of Mandamus – this type of Writ may be filed in order to compel the Court to enter a final order on a motion or pleading that has been pending for more than sixteen (16) months. May also be filed to obtain public record documents when you have a right to them and the government agency is withholding the records or has unreasonably delayed in providing them. Must prove you have a clear legal right, the party filed against has a duty to perform, and no other adequate remedy is available.

Petition for Writ of Habeas Corpus (Fundamental Defect/ Manifest Injustice) (May be filed pursuant to Florida Rules of Civil Procedure Rule 1.630 or Florida Rules of Appellate Procedure Rule 9.100) - argues you are being illegally detained (does not require immediate release) and can be filed to the lower court, the appellate court, or even the supreme court depending on the circumstances. Many issues that would not qualify as an illegal sentence and are untimely as ineffective assistance claim can be raised through this type of writ, however the form of the petition is crucial for it to be addressed as a habeas issue and not denied as untimely or successive under one of the other rules - can be filed at any time.

Federal Habeas Corpus Petition 28 U.S.C 2254 - once you've exhausted your State Court options, you can seek review by the Federal Courts of the State Courts’ misapplication of federal law - must be filed within one year of conviction, however a number of things toll the deadline including the filing of any of the motions and or petitions discussed above. Very important to track your federal time, argue federal laws and cases in your motions and petitions, and ensure that you exhaust your claims (appeal them to the highest available State Court) to protect this vital Federal review.

Rules Governing Section 2254 Cases in the United States District Courts Rule 11 Certificate of Appealability – if your Federal Habeas Corpus Petition is denied a Certificate of Appealability (COA) may be filed in the Eleventh Circuit Court of Appeal. The district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant in 2254 habeas corpus proceedings. Before entering the final order, the court may direct the parties to submit arguments on whether a certificate should be issued. If the court issues a certificate, the court must state the specific issue or issues that satisfy the showing required by 28 U.S.C. § 2253(c)(2). If the court denies a certificate, the parties may not appeal the denial but may seek a certificate from the court of appeals under Federal Rule of Appellate Procedure 22.  A motion to reconsider a denial does not extend the time to appeal. An appeal must be filed in the District Court within thirty 30 days of the entry of the order appealed from.

Petition for Writ of Habeas Corpus or Writ of Mandamus under Florida Rule of Civil Procedure Rule 1.630 to obtain prior prison credit – If the Department of Corrections fails to calculate your appropriate credit or eligibility, such as a gain time, a provisional release credit determination, or eligibility for parole, you must first raise the issue administratively through the grievance process. Once you have exhausted administrative remedies, you may seek relief in an original proceeding filed in circuit court as an extraordinary writ petition. In such a case, if you are entitled to immediate release, a petition for writ of habeas corpus is the proper remedy; if the correction does not entitle you to immediate release, a petition for writ of mandamus is the proper remedy.

Motion for Rehearing – if the Court denies any one of the motions, appeals, or petitions described above, this Motion requests the Court reconsider its decision based on a good faith belief that the Court may have overlooked or misapprehended a previously argued fact or law. A motion for rehearing is not necessary to preserve issues for an appeal – must be filed within 15 days of the final order you are seeking rehearing on.

Appeal of the Denial of a Motion or Petition – if the Court denies anyone one of the motion or petitions described above in a final order, you may appeal the Court’s ruling to the appropriate District Court of Appeal. An appeal argues that either the lower court was wrong on how they interpreted the law, or they abused their discretion in how they considered the facts before them. In the case of a summary denial (denial without an evidentiary hearing), filing an appellate brief is optional although highly recommend – the Notice of Appeal must be filed within 30 days of the order you are seeking to appeal or the denial of the motion for rehearing

Note: Postconviction appeals are crucial as the appellate court overturns a higher percentage of postconviction denials than direct appeals and this is required to preserve federal issues for your Federal Habeas Corpus Petition 28 U.S.C 2254.

Rule 9.120 Notice to Invoke Discretionary Jurisdiction of the Florida Supreme Court – you may file this Notice to seek discretionary review by the Florida Supreme Court of any written opinion of the District Court of Appeal written in your case. Does not apply to per curiam affirmed decision without elaboration or per curiam decisions that simply cite to a case – must be filed within 30 days of the District Court of Appeal order.

Conviction Integrity Units - several Florida County State Attorney's Officers have internal conviction review units who you can petition to reinvestigate your case and determine whether they remain confident in the conviction. These units can seek additional testing and re-interview witnesses and will often work hand in hand with postconviction counsel to determine whether your case should be overturned.

Clemency or Commutation of Sentence - request to the Governor's Office to reduce your sentence based on genuine remorse and reform while incarcerated. Information on this process can be found at https://www.fcor.state.fl.us/clemency - you must serve 1/3 of your sentence, half your minimum-mandatory, or 20 years of life sentence.