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FL criminal defense, appeal law, appeal of manslaughter conviction denied, possible to appeal the decision

Asked over 3 years ago - Tampa, FL

Hi, my son was convicted of manslaughter in 2006. An appeal was filed by the PD he told us that he believed that the aggravated assault charges would be dropped on direct appeal. I went to the 2ND DCA the attorney that it was passed onto had gotten an extention to file the initial brief until the 1st of may however the attorney did not file the brief until the 19th of may. My son's appeal was denied. He put in a motion for a rehearing and certified opinion pro se which was also denied and he was given no opinion. Is it possible that this was denied because it was filed after the deadline and that is why it was denied? Our problem is that we don't have the money to hire an attorney and our son was sentenced to 50yrs. If that is the reason could he be given another attorney since he was indingent?

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Attorney answers (3)

Aaron J. Slavin

Reputation Level 12

Answered over 3 years ago. Criminal Defense Attorney in Clearwater, FL.

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Without seeing the 2nd DCA's Opinion (if any), it would be impossible to tell "why" your son's appeal was denied. If you are interested in having me look for the docket on the Second DCA's website, please feel free to give my office a call and I will try to help you. Unfortunately, without more information, it would be very difficult and unprofessional to speculate on why your son's appeal was denied.

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Ira W. Still III

Reputation Level 8

Answered about 3 years ago. Criminal Defense Attorney in Pompano Beach, FL.

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With the appeal having been denied, your son is now in the postconviction stage. He can file a motion under Rule 3.850 in the trial court. He must file that within 2 years of the final order on appeal. He will need to bring all of his possible postconviction claims in his postconviction motion as the Courts usually only allow one such motion today. He can file his own motion. The prison facility will have the forms for this and there is no filing fee. It must go to the trial court and the same Judge who presided over his trial.

You son needs a lawyer to handle this procedure properly. A good criminal defense lawyer will give him a better shot but keep in mind this procedure is like trying to "remake the bad wheel." Many prisoners file their own motions and then ask the trial court to appoint a lawyer. At this stage, he has no constitutional right to counsel under the 6th amendment, but many times the Court will appoint a lawyer so the process will run smoothly.

I wish your son the best with his continued litigation.

Ira Still, Esq.

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Ama N. Appiah

Reputation Level 9

Answered over 3 years ago. Appeals Lawyer in Saint Petersburg, FL.

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The 2d DCA will usually issue an Order to Show Cause if the brief hasn't been filed within a reasonable amount of time after the deadline. If the atty submits the brief, the appellate court will likely discharge the Order to Show Cause, and continue with the appellate process.

If a brief was filed, and your son did not get a new trial, it's most likely that the appeal was either dismissed or affirmed. If it was dismissed, the Order would state the reason why it was dismissed. If it was affirmed, the Order would either just say PCA, or it would give a written opinion as to why it was affirmed, and why the appellate court found no error in the trial proceedings requiring the conviction to be reversed.

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