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2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: If I invoke the appellate courts original jurisdiction does the trial court automatically lose its jurisdiction over me

I filed a writ of prohibition in regards to the question above

Keith Upson
Keith Upson
answered on Jul 6, 2023

Automatically, no. If the court of appeals issues a show cause order, yes.

See Florida Rule of Appellate Procedure 9.100(h), and Byrd-Green v. State, 40 So. 3d 848, 848–49 (Fla. 3d DCA 2010):

"A petition for writ of mandamus, together with the other four extraordinary...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: can i bring in case documents/discovery/situation and discuss if I can appeal or withdrwarl my plea 23-04493cf

there is alot to discuss.

Keith Upson
Keith Upson
answered on Sep 21, 2023

Please reach out to Florida licensed attorneys who practice criminal appeals for a consultation, many offer them at no cost. There are simply too many variables in your statement, and after a defendant enters a plea, their appeal options are limited. Even more limited after they are sentenced.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: I was charged with par.for a pipe they scrapped the residue from inside there was only enough to test on test strip and

Charged me with poss.of cocain as well as the pipe charged me with a felony when should have only Been changed with one thing I want to appeal it

Keith Upson
Keith Upson
answered on Sep 7, 2023

Notices of appeal have to be filed with the trial court within 30 days of rendition of the judgment and sentence.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Can I appeal my case?
Keith Upson
Keith Upson
answered on Aug 16, 2023

Maybe.

How many days ago was the judgment rendered?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Florida on
Q: In Fla.'s 14th judicial circuit court , is accepting a plea deal - waiving all rights to appeal- irreversible?

I pose this question w/ no pretense @ all- just need %100 clarity as it seems even when it appears matters are written, notarised etc. there usually seems to be some legal loophole or recourse despite being' final'..

Keith Upson
Keith Upson
answered on May 27, 2023

Unless there is a legal dispositive issue that has been expressly reserved,

Yes.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Can you explain to me the fl court of appeals the pro ess and how long it takes

It's already been approved

Keith Upson
Keith Upson
answered on Feb 27, 2023

This resource should answer most of your questions:

http://prose.flabarappellate.org

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If I receive a paper from the courthouse saying my appeal was discharged what does that mean after the initial brief???

I don't even have an attorney on this case yet I've been having to do everything myself and I'm scared I don't know what I'm doing it's for my rights for my kids.

Keith Upson
Keith Upson
answered on Aug 11, 2022

Is the case in Florida? It is really difficult to answer based on how the question is presented, but would be easy to answer if someone who knows what they are doing looks at the docket. There are many Florida appellate attorneys who will give you a free consultation if you simply google... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: I went to trial for a case and got two hung jury’s during the trial in the process of trial the jury asked for

A lesser charge because the victims statement changed drastically and added more then what was originally said in the confession the judge responded no the outcome was another hung jury after that question I went home and was mailed another hearing letter to start the case completely over I hired... View More

Keith Upson
Keith Upson
answered on Jul 25, 2022

There are many competent criminal appellate and post-conviction attorneys in Florida who will give you a free consultation if you reach out and ask.

2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: Can I appeal a case after the jury decided he was not guilty

The case was at palm beach county and the assistant to the state attorney failed to show the jury extremely important evidence

Keith Upson
Keith Upson
answered on Jul 18, 2022

No.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: if I came out of the 5th District Circuit Court and was filing a Habeas Corpus\Actual Innocence Claim,WHERE

Or WHO do I file it to???

Keith Upson
Keith Upson
answered on Feb 14, 2022

Florida Fifth District Court of Appeals? What circuit (trial) court? The answer is in the Middle District of Florida, Orlando Division, if it was an Orlando case.

https://www.flmd.uscourts.gov/locations/orlando

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: My brother was convicted of first degree murder in 2010, out of Osceola county Florida. His appeals were exhausted.

I received a call from a woman who says that his co-defendant confessed to the murder the day after it happened and now has been in contact with him and he wants to come forward. How should we do this properly?

Keith Upson
Keith Upson
answered on Aug 4, 2020

Contact Florida postconviction attorneys who offer free initial consultations to find out what can be done at this point. Call around and find one you like.

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,... View 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... View 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... View 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... View 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... View More

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