ROBERT GLEN HILL, II
v.
JULIE L JONES, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS
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.
A trial court lacks jurisdiction to rule on a successive postconviction motion when an appeal of a prior postconviction motion raising related issues is pending before the appellate court.
[1] A trial court lacks jurisdiction to rule on a successive postconviction motion when an appeal of a prior postconviction motion raising the same or related issues is pendi…
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 intelligence“While an appeal of a prior postconviction motion is pending, the trial court has no jurisdiction to rule on a subsequent post-conviction motion when the issues in the two motions are related.”
Court citing McFarland v. State, 808 So. 2d 274 (Fla. 1st DCA 2002)
Hill filed a postconviction motion under Florida Rule of Criminal Procedure 3.850 challenging his conviction. The trial court denied the motion as suc…
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 Pending Appeal cases and more on FLexlaw
State, 808 So. 2d 274 (Fla. 1st DCA 2002) (“While an appeal of a prior postconviction motion is pending, the trial court has no jurisdiction to rule on a subsequent post-conviction motion when the issues in the two motions are related.”). Accordingly, we reverse and remand for the trial court to once again consider Appellant’s motion when it has jurisdiction to do so. REVERSED and REMANDED for further proceedings. B.L. THOMAS, C.J., and BILBREY and JAY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.