TERENCE R. DAVIS, PETITIONER,
v.
HARRY K. SINGLETARY, JR., RESPONDENT
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The appellate court granted a petitioner's request for a belated appeal, finding that the sudden transfer of an inmate law clerk and the resulting loss of legal papers constituted exceptional circumstances beyond the petitioner's control.
Yes, the court held that the petitioner's loss of all legal papers due to the Department of Corrections' transfer of the inmate law clerk was an exceptional circumstance beyond his control, entitling him to a belated appeal.
[1] A postconviction relief order advising a petitioner of the time limit for appeal satisfies the rule's notice requirement, even if the petitioner is an unknowledgeable lay…
[2] Exceptional circumstances that render the ordinary appellate process unavailable may warrant a belated appeal.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We reject his contention that, as an unknowledgeable layman, he did not “know” he had thirty days in which to appeal, as the order contained the language so advising him which is required by rule 3.850(g).”
The court rejected the petitioner's argument that he was unaware of the appeal deadline due to his layman status, noting the order itself provided the required notice.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe petitioner, an inmate, sought a belated appeal from an order denying his postconviction relief. His appeal was delayed because the inmate law cler…
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PER CURIAM.
Terence R. Davis petitions for writ of ha-beas corpus for belated appeal from the order, dated May 5, 1997, denying his rule 3.850 motion for postconviction relief. We reject his contention that, as an unknowledgeable layman, he did not “know” he had thirty days in which to appeal, as the order contained the language so advising him which is required by rule 3.850(g). However, we grant the petition because we find “exceptional circumstances that have rendered the ordinary appellate process unavailable.” Offen v. State, 662 So. 2d 742, 742 (Fla. 4th DCA 1995).
Petitioner alleged under oath that his appeal was frustrated by the DOC’s sudden transfer of the certified inmate law clerk who was assigned to handle Petitioner’s legal matters the day after he entrusted the law clerk with all his legal papers, including the order to be appealed, which he did immediately upon receipt of the order in question. Although Petitioner immediately took steps to get his legal papers back, he did not receive them until August 15, 1997, after the time for filing an appeal had run. On August 19, he moved the trial court for a belated appeal; following denial for lack of jurisdiction, he filed the instant petition with this court.
Mere lack of timely access to a law library does not entitle a petitioner to a belated appeal, see Jordan v. State, 549 So. 2d 805 (Fla. 1st DCA 1989), and thus lack of access to an inmate law clerk likewise should not. However, we view Petitioner’s sudden deprivation of all his legal papers as a result of the Department of Corrections’ transfer to be an exceptional circumstance beyond Petitioner’s control.
Accordingly, the petition for writ of habeas corpus for belated appeal is granted. In accordance with Florida Rule of Appellate Procedure 9.140(j)(5)(D), this opinion shall be filed with the lower tribunal and treated as the notice of appeal for the May 5, 1997, order denying Petitioner’s motion for post- conviction relief under Florida Rule of Criminal Procedure 3.850.
DELL, FARMER and STEVENSON, JJ., concur.
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Kevan L. Giles v. State, 773 So. 2d 1167 (Fla. 2d DCA 2000)…on this issue. First, in Haynes v. State, 757 So. 2d 517 (Fla. 4th DCA 2000), the court refused to extend the Steele exception to an inmate who relied on a nonlawyer organization to timely file his rule 3.850 motion. Second, in Davis v. Singletary, 716 So. 2d 273 (Fla. 4th DCA 1998), the court granted a belated appeal from an order denying postconviction relief based on the inmate’s sworn allegation that he was deprived of his legal papers by the sudden transfer of an inmate law clerk. The Fourth District fo…
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Randall v. State, 177 So. 3d 1010 (Fla. 1st DCA 2015)…PER CURIAM. The petition seeking belated appeal is denied on the merits. See Jordan v. State, 549 So. 2d 805 (Fla. 1st DCA 1989); Davis v. Singletary, 716 So. 2d 273 (Fla. 4th DCA 1998). BENTON, OSTERHAUS, and BILBREY, JJ., concur.…
Authorities Cited
- Jordan v. State, 549 So. 2d 805 (Fla. 1st DCA 1989)
- Offen v. State, 662 So. 2d 742 (Fla. 4th DCA 1995)