ITEM 12G | INEFFECTIVE ASSISTANCE OF COUNSEL
Ineffective assistance of trial counsel claims should be raised after the direct appeal in a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The trial court cannot rule on a rule 3.850 motion while the case is pending in the appellate court on direct appeal. A defendant generally has two years from the date the appellate court decision becomes final to file a rule 3.850 motion. However, if the defendant wants to preserve the right to file postconviction claims in federal court pursuant to a 28 U.S.C. § 2254 habeas petition, the rule 3.850 motion must generally be filed within one year from the date of the appellate court decision in order to “toll” (pause or delay) the one-year federal limitations period. Please review the chapter on postconviction motions for more information (Chapter 13).
You might need to reference it during your pursuit of justice.
For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
