Home > Research Legal Advice > Appeals > I just was denied my appeal per curiam and was being represented by a pu...
Asked over 1 year ago - Orlando, FL
FlagI just was denied my appeal per curiam and was being represented by a public defender who informed me they are not allowed to file an appeal under inadequate council under 3850 action and that is how it was suppose to be filed a year ago what do I do I am innocent and need a new trial. My lawyer admitted in sentencing that he had messed up and I deserved a new trial the judge stated in open court he made a mistake not letting the evidence in that proved my innocence .
I am not licensed in Florida, so this should not be considered Florida-specific legal advice. However, I think I know what happened here.
I think you misunderstood what your PD meant. An attorney cannot argue his OWN ineffectiveness. In my state, there is a procedure where you file a pro se petition, and then the court appoints an attorney who can investigate your PD's conduct and then argue that the PD made a mistake.
Attorneys cannot argue their own ineffectiveness because if we could, then if a case starts going south we could tank it, and then argue that we didn't do a good job.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary