Kearns v. State

District Court of Appeal of Florida

Kearns v. State

530 So. 2d 479, 13 Fla. L. Weekly 2070, 1988 Fla. App. LEXIS 3834, 1988 WL 89745

CourtDistrict Court of Appeal of Florida

DecidedSeptember 1, 1988

DocketNo. 88-956

StatusPublished

This text of 530 So. 2d 479 (Kearns v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kearns v. State, 530 So. 2d 479, 13 Fla. L. Weekly 2070, 1988 Fla. App. LEXIS 3834, 1988 WL 89745 (Fla. Ct. App. 1988).

Pincite

Opinion

DANIEL, Judge.

Petitioner, Jack Kearns, seeks a writ of habeas corpus to secure a belated appeal of his conviction and sentence for manslaughter. Petitioner’s appeal was dismissed for failure to either pay the statutory filing fee or submit a certified copy of a lower court order of insolvency. The Office of the Public Defender, Eighteenth Judicial Circuit, represented petitioner in the trial court proceedings and filed the notice of appeal on his behalf. The same public defender’s office prepared the instant petition, accepting blame for the dismissal of petitioner’s appeal.

[480]*480If trial counsel agrees to initiate an appeal, counsel must take the appropriate steps to protect the client’s appeal rights before withdrawing from the case. See generally State v. Meyer, 430 So.2d 440 (Fla.1983); Fla.R.App.P. 9.140(b)(3). In this case, trial counsel filed a notice of appeal, but did not obtain a written order of insolvency until after the appeal was dismissed. Since the dismissal of the appeal was attributable to counsel, the petition for writ of habeas corpus is granted to permit belated review of petitioner’s conviction and sentence.

WRIT ISSUED.

SHARP, C.J. and DAUKSCH, J. concur.

Free access — add to your briefcase to read the full text and ask questions with AI

DANIEL, Judge.

Petitioner, Jack Kearns, seeks a writ of habeas corpus to secure a belated appeal of his conviction and sentence for manslaughter. Petitioner’s appeal was dismissed for failure to either pay the statutory filing fee or submit a certified copy of a lower court order of insolvency. The Office of the Public Defender, Eighteenth Judicial Circuit, represented petitioner in the trial court proceedings and filed the notice of appeal on his behalf. The same public defender’s office prepared the instant petition, accepting blame for the dismissal of petitioner’s appeal.

[480]*480If trial counsel agrees to initiate an appeal, counsel must take the appropriate steps to protect the client’s appeal rights before withdrawing from the case. See generally State v. Meyer, 430 So.2d 440 (Fla.1983); Fla.R.App.P. 9.140(b)(3). In this case, trial counsel filed a notice of appeal, but did not obtain a written order of insolvency until after the appeal was dismissed. Since the dismissal of the appeal was attributable to counsel, the petition for writ of habeas corpus is granted to permit belated review of petitioner’s conviction and sentence.

WRIT ISSUED.

SHARP, C.J. and DAUKSCH, J. concur.

Cite This Page — Counsel Stack

Bluebook (online)

530 So. 2d 479, 13 Fla. L. Weekly 2070, 1988 Fla. App. LEXIS 3834, 1988 WL 89745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kearns-v-state-fladistctapp-1988.

Opinion

Related

Cite This Page — Counsel Stack