JULIUS ERWIN BLACK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Julius Erwin Black appeals the trial court's summary denial of his Rule 3.850 postconviction relief motion alleging ineffective assistance of counsel. The appellate court reverses because the trial court lacked jurisdiction to rule on one claim while a related appeal was pending in another case.
The trial court lacked jurisdiction to consider claim 7 on remand because Black's pending appeal in case number 5D16-3695 raised the same or related issues to those being ruled upon. The trial court may not consider the merits of a postconviction claim while a related appeal concerning that same claim is pending.
[1] A trial court lacks jurisdiction to consider the merits of a postconviction motion that raises the same or related issues as those pending in a related appeal.
[2] A trial court may consider or defer ruling on a subsequently filed postconviction motion raising unrelated issues despite the pendency of an appeal on a previously filed…
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Join FLexlaw to unlock all legal intelligence“a trial court has authority to consider or to defer ruling and stay a subsequently filed postconviction motion that raises unrelated issues notwithstanding the pendency of an appeal of an order on a previously filed postconviction motion”
Establishes the general rule allowing trial courts to consider unrelated postconviction motions despite pending appeals
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Join FLexlaw to unlock all legal intelligenceBlack filed a Rule 3.850 motion in March 2016 raising nine ineffective assistance of counsel claims, which the trial court summarily denied. Black app…
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Julius Erwin Black appeals the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. Because the trial court lacked jurisdiction to rule on the motion, we reverse.
In March 2016, Black filed a rule 3.850 motion raising nine claims of ineffective assistance of counsel, which the trial court summarily denied on all grounds. He appealed the summary denial in case number 5D16-1952. Black then filed two successive motions to amend his original 3.850 motion, which the trial court denied. He appealed these denials in case number 5D16-3695.
Our court first ruled on Black’s appeal of the summary denial (5D16-1952), affirming all claims except claim 7, in which Black argued trial counsel provided ineffective assistance by not calling his co-defendant, Phillip Snead, as a defense witness. Black v. State, 202 So.3d 466, 467 (Fla. 5th DCA 2016). We reversed the denial of claim 7 and remanded for the trial court to attach records conclusively refuting the claim or to hold an evidentiary hearing. Id. On remand, the trial court entered a new order, once more summarily denying claim 7. Black then filed the instant appeal, with his second appeal (5D16-3695) still pending.1
We find that the trial court lacked jurisdiction to consider claim 7 of Black’s rule 3.850 motion on remand while his appeal in case number 5D16-3695 remained pending. Generally, “a trial court has authority to consider or to defer ruling and stay a subsequently filed postconviction motion that raises unrelated issues notwithstanding the pendency of an appeal of an order on a previously filed postcon-viction motion.” Jackman v. State, 88 So.3d 325, 327 (Fla. 4th DCA 2012). However, “if the subsequent motion raises the same or related issues to those on appeal, the trial court may not consider the merits while the related appeal is pending.” Id. Here, the trial court lacked jurisdiction to consider claim 7 on remand because Black’s pending appeal in case number 5D16-3695 also concerned the merits of claim 7. Accordingly, we reverse the trial court’s summary denial of claim 7 and remand with instructions to consider that claim in conjunction with the second motion to amend.
REVERSED and REMANDED with Instructions.
SAWAYA, BERGER and WALLIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jackman v. State, 88 So. 3d 325 (Fla. 4th DCA 2012)
- State v. Linwood Bowser, 202 So. 3d 466 (Fla. 5th DCA 2016)
- Black v. State, 202 So. 3d 466 (Fla. 5th DCA 2016)