JETHRO WALKER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court denied Walker's petition for belated appeal of a 2000 conviction, holding that although the trial court failed to advise him of his appellate rights, he should have discovered this right through reasonable diligence within the two-year limitation period.
A defendant's petition for belated appeal is denied when, despite the trial court's failure to advise of appellate rights, the defendant should have ascertained such rights through reasonable diligence within the applicable time period.
[1] A defendant seeking belated appeal based on trial court's failure to advise of appellate rights must show under oath with specific factual basis that he could not or shou…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceJethro Walker entered a negotiated plea and was sentenced in November 2000 by the Escambia County Circuit Court. After the sentencing, the trial court…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appellate Rights cases and more on FLexlaw
PER CURIAM.
By a petition filed with this court in October 2006, Jethro Walker seeks a belated appeal of a November 2000 judgment and sentence of the Escambia County Circuit Court. In support, he alleges that after he entered a negotiated plea and was sentenced, the trial court failed to advise him of his right to appeal. Walker implicitly acknowledges the normal two-year time limitation for seeking a belated appeal, but relies on the portion of Florida Rule of Appellate Procedure 9.141(c)(4)(A) that provides an exception if the defendant alleges under oath, with a specific factual basis, that he was not advised of the right to an appeal, and should not have ascertained such facts by the exercise of reasonable diligence.
While the sentencing transcript provided to us by Walker corroborates his claim that he was not advised of his right to appeal, we conclude that the facts alleged in the petition fail to show that he could not or should not have ascertained the existence of his right to appeal by the exercise of reasonable diligence within the two-year time period contemplated by the rule. Accordingly, the petition seeking belated appeal is denied.
PETITION FOR BELATED APPEAL DENIED.
WEBSTER, VAN NORTWICK, and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Young, 974 So. 2d 601 (Fla. 1st DCA 2008)…court had no choice but to accept that the search was proper to avoid a violation of the ecclesiastical abstention doctrine. Because the ecclesiastical abstention doctrine is an issue of subject-matter jurisdiction, Malichi v. Archdiocese of Miami, 945 So. 2d 526 (Fla. 1st DCA 2006), we feel compelled to address the State’s concerns. Under the ecclesiastical abstention doctrine, civil courts are prohibited from interfering with internal church disputes in order to avoid excessive government entanglement with…
-
Archdiocese OF Miami, Inc. v. MIÑAGORRI, 954 So. 2d 640 (Fla. 3d DCA 2007)…1986) (applying ministerial exception to common law fraud, defamation, breach of contract and tort claims). We see no reason why the ministerial exception should not be applied to the instant whistleblower claim. See Malichi v. Archdiocese of Miami, 945 So. 2d 526, 528 (Fla. 1st DCA 2006) (finding that the Free Exercise Clause of the First Amendment precluded judicial review of a priest’s workers’ compensation claim because it constituted an internal employment dispute between a priest and his church); Dennis…
-
Flynn v. Estevez, 221 So. 3d 1241 (Fla. 1st DCA 2017)…her private (including religious) school [that] permits him to claim such exemption.” As to the public interest, the trial court found it would be served if more, rather than fewer, school children were immunized. . Malichi v. Archdiocese of Miami, 945 So. 2d 526, 529 (Fla. 1st DCA 2006); see Watson, 80 [*1246] U.S. at 727 (‘‘[W]henever the questions of •discipline, or of faith, or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been c…1 / 2
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence