Morgan v. Singletary

District Court of Appeal of Florida

Morgan v. Singletary

669 So. 2d 1126, 1996 Fla. App. LEXIS 2845, 1996 WL 120971

CourtDistrict Court of Appeal of Florida

DecidedMarch 20, 1996

DocketNo. 95-3551

StatusPublished

This text of 669 So. 2d 1126 (Morgan v. Singletary) 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

Morgan v. Singletary, 669 So. 2d 1126, 1996 Fla. App. LEXIS 2845, 1996 WL 120971 (Fla. Ct. App. 1996).

Pincite

Opinion

PER CURIAM.

We grant this petition for writ of habeas corpus and allow petitioner 30 days from the date of this opinion in which to file his notice of appeal from the trial court’s January 18, 1995 order denying his rule 3.850 motion. The petitioner established that he did not receive a copy of the order denying relief from the trial court until well after the time for filing an appeal had passed. Kohler v. Sandstrom, 305 So.2d 76, 77-78 (Fla. 3d DCA 1974) (burden of proof in a habeas corpus proceeding is on the petitioner, who must back up his allegations with evidence), cert. denied, 311 So.2d 669 (Fla.), cert. denied, 423 U.S. 934, 96 S.Ct. 289, 46 L.Ed.2d 264 (1975). See also Nava v. State, 652 So.2d 1264 (Fla. 4th DCA 1995) (there is no time limit for seeking to file a belated appeal unless the state claims to have been prejudiced by the delay).

Accordingly, the petition for writ of habeas corpus is GRANTED.

FARMER, KLEIN, and STEVENSON, JJ., concur.

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

PER CURIAM.

We grant this petition for writ of habeas corpus and allow petitioner 30 days from the date of this opinion in which to file his notice of appeal from the trial court’s January 18, 1995 order denying his rule 3.850 motion. The petitioner established that he did not receive a copy of the order denying relief from the trial court until well after the time for filing an appeal had passed. Kohler v. Sandstrom, 305 So.2d 76, 77-78 (Fla. 3d DCA 1974) (burden of proof in a habeas corpus proceeding is on the petitioner, who must back up his allegations with evidence), cert. denied, 311 So.2d 669 (Fla.), cert. denied, 423 U.S. 934, 96 S.Ct. 289, 46 L.Ed.2d 264 (1975). See also Nava v. State, 652 So.2d 1264 (Fla. 4th DCA 1995) (there is no time limit for seeking to file a belated appeal unless the state claims to have been prejudiced by the delay).

Accordingly, the petition for writ of habeas corpus is GRANTED.

FARMER, KLEIN, and STEVENSON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

669 So. 2d 1126, 1996 Fla. App. LEXIS 2845, 1996 WL 120971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-singletary-fladistctapp-1996.

Opinion

Related

Cite This Page — Counsel Stack