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Questions Answered by Keith Upson
1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: I just received an order from the court saying i was untimely on my appeal for my 3.850 .The thing is, its still not 2yr

My notice was filed Oct 24 they actually pca my brief and the rehearing.. A week after i get the mandate i get this order art.1 sec.16(b) 10(b) is this why i was pca

Keith Upson
Keith Upson answered on May 26, 2020

From the question, it is impossible to answer: if you received an order from an appellate court saying the appeal of the denial of your Rule 3.850 motion was untimely, the notice of appeal likely wasn't filed within 30 days of the trial court order denying your Rule 3.850 motion. If, instead,... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: Victim sent a notorized statement that my husband did not commit the crime after 21 years. He has a life sentence.

My husband was charged with robbery with a weapon and sentenced to 15 years to life he currently has been incarcerated for 21 years the victim recently sent a notarized statement stating my husband was not the person who committed the crime ,he stated who the real person who committed the crime was... Read more »

Keith Upson
Keith Upson answered on Apr 27, 2020

This is, of course, a very difficult situation to be in, and it isn't a simple process. There are many many qualified licensed Florida attorneys who handle postconviction work for inmates and their families who will be happy to give you a free consultation - there is more information needed to... Read more »

2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: How can we find out if there is any motions to a case? I want to file an appeal for a retrial
Keith Upson
Keith Upson answered on Apr 24, 2020

I'd add to what my colleague Mr. Garland already stated that there are many qualified appellate attorneys in Florida who happily provide free initial consultations.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Florida on
Q: Fl. PCR..I am incarcerated & file ineffective council does the state require they provide attorney to review for errors?

Defense allowed Motion in Limine for co conspirator. Public def stated in court "I have not researched this case I am not ready for trial" 3 days trial began. I was DENIED hiring private council due to court imposed time constraints. Perjury by witness/victim. Burglary with mask. Battery... Read more »

Keith Upson
Keith Upson answered on Feb 25, 2020

What's the question? Whether you are entitled to the appointment of counsel in postconviction proceedings?

No. The Sixth Amendment right to counsel does not extend to postconviction proceedings. However, if a trial court sets your postconviction motion for hearing, the court will often...
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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: How long can the Florida Appeals Court hold a case without a ruling after all filings have been completed?
Keith Upson
Keith Upson answered on Feb 14, 2020

A decision can take anywhere from a week to a very long time.

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: I must try & appeal a felony conviction. My career,livelihood depends on it. My previous P.A. was dishonest w/me.

1 felony charge= Loss of both medical certificates& licenses.

Loss of livelihood. Advice?

Keith Upson
Keith Upson answered on Oct 23, 2019

Reasonable people would research competent Florida criminal appellate attorneys and consult with as many as necessary until they found someone they wanted to hire, then hire them.

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: I must appeal my criminal case. My sentencing judge repeated 4x's "Ma'am, you can appeal this." Whats my first step?

Only three days left to enter my appeal. Please Help. Any info is greatly appreciated.

Keith Upson
Keith Upson answered on Oct 23, 2019

Google "Florida criminal appellate attorney free consultation" and then start calling.

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3 Answers | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: I must appeal my criminal case ASAP. Whats my very first step, pre-attorney?
Keith Upson
Keith Upson answered on Oct 23, 2019

Google. There are literally dozens of qualified criminal appellate attorneys in Florida you would be happy to give you a free initial consultation. Google them, and call around.

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2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: When filing a appeal to the Supreme Court of Florida where does the Notice of Appeal get filed?

Does the notice of appeal get sent to the Lower Tribnual's Clerk, like when filing the appeal with the DCA. Or since the Appeal is of the DCA's decission is it filled with the DCA's clerk.

Keith Upson
Keith Upson answered on Oct 7, 2019

It depends on what it is you're appealing from the District Court to the Florida Supreme Court. Florida Rule of Appellate Procedure 9.030(a)(1) explains what the Supreme Court must review. Rule 9.030(a)(2) addresses what the Court may review. How you invoke the jurisdiction of the Court - or... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: I need help please here. I need reversed appeals due to judge called a sua sponte mistrial without defendant knowing

In the 9th or 11th courts I need reversed appeals due to judge called a sua sponte mistrial without defendant knowing due to the states witness declared he was coerced by the state without manifest necessity. To tell you the truth I’ve tried for three days now and my mind can’t take reading... Read more »

Keith Upson
Keith Upson answered on Jul 31, 2019

I am not entirely convinced this question wasn't posted by a bot of some sort, but interestingly sometimes it can be really difficult to practice law competently. There are literally dozens of qualified appellate attorneys all over the state of Florida who would be delighted to provide a... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: My husband was assigned lawyers after his pd filed an appeal. I can't find his case even with the search engine.

He had complaints about how the prison has been treating everyone in their block. I turned it into the state and they were going to forward the complaints to a doc official. Now his visitation has been blocked and he is not calling me. I want to know how his appeal is going to figure out if he was... Read more »

Keith Upson
Keith Upson answered on Jul 31, 2019

This is one of those things that is really easy to do, after you've done it once. Each of Florida's five district courts of appeal have their dockets online: once you know which district he's in, you just put the case number or his name in and you can see the current status.

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