LOWRY
v.
STATE
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A habeas corpus petition alleging ineffective assistance of appellate counsel filed more than two years after conviction becomes final on direct review must be dismissed as untimely unless the petitioner alleges under oath with specific factual basis that counsel affirmatively misled him.
[1] A petition alleging ineffective assistance of appellate counsel is subject to a two-year statute of limitations from the date the conviction becomes final on direct revie…
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Join FLexlaw to unlock all legal intelligence“[a] petition alleging ineffective assistance of appellate counsel shall not be filed more than 2 years after the conviction becomes final on direct review unless it alleges under oath with a specific factual basis that the petitioner was affirmatively misled about the results of the appeal by counsel.”
Statement of Florida Rule of Appellate Procedure 9.141(c)(4)(B)
Samuel Lowry's direct appeal became final on May 19, 2016, and he filed a habeas corpus petition on June 11, 2018, alleging ineffective assistance of …
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SUAREZ, J.
Samuel Dorsey Lowry seeks a petition for habeas corpus based on ineffective assistance of appellate counsel in his prior appeal from judgment of conviction and sentence. See Lowry v. State, 191 So. 3d 472 (Fla. 3d DCA 2016).
Lowry’s direct appeal became final on May 19, 2016. His current petition was put into the correctional facility mailing on June 11, 2018. Florida Rule of Appellate
Procedure 9.141(c)(4)(B) states that “[a] petition alleging ineffective assistance of appellate counsel shall not be filed more than 2 years after the conviction becomes final on direct review unless it alleges under oath with a specific factual basis that the petitioner was affirmatively misled about the results of the appeal by counsel.”
This petition was filed more than two years after the conviction became final, and Lowry makes no allegation that his counsel affirmatively misled him.1
We dismiss this petition for habeas corpus as untimely filed.
Dismissed.
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Lowry v. State, 252 So. 3d 348 (Fla. 3d DCA 2018)…SUAREZ, J. Samuel Dorsey Lowry seeks a petition for habeas corpus based on ineffective assistance of appellate counsel in his prior appeal from judgment of conviction and sentence. See Lowry v. State, 191 So. 3d 472 (Fla. 3d DCA 2016). Lowry’s direct appeal became final on May 19, 2016. His current petition was put into the correctional facility mailing on June 11, 2018. Florida Rule of Appellate Procedure 9.141(c)(4)(B) states that “[a] petition alleging in…
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Authorities Cited
- Lowry v. State, 252 So. 3d 348 (Fla. 3d DCA 2018)