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Florida Supreme Court Reinstates Prisoner’s Appeal That Was Dismissed for Lack of Prison Date Stamp
Loaded on Sept. 1, 2022
by David Reutter
published in Prison Legal News
September, 2022, page 54
Filed under:
Procedural Default/Error.
Location:
Florida.
by David M. Reutter
On February 4, 2022, the Supreme Court of Florida held that the state’s First District Court of Appeal erred in not accepting a prisoner’s notice of appeal for lack of a prison date stamp since prison mail logs indicated the notice was timely turned over to ...
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More from this issue:
- “Unconscionable and Unacceptable” Conditions in Georgia DOC With 57 Prisoners Murdered in Two Years, by Casey Bastian
- From the Editor, by Paul Wright
- Settlement Delivers Huge Gains for Montana Prisoners with Mental Illnesses, by Kevin Bliss
- Federal Court Puts Troubled Mississippi Jail in Receivership, by Keith Sanders, David Reutter
- Sixth Circuit Again Extends Kingsley Protections for Pretrial Detainees in Deliberate Indifference Claim Against Kentucky Jail, by David Reutter
- CoreCivic Workers Unionize and Go On Strike at Arizona Prison, by Benjamin Tschirhart
- Federal Court Says Illinois Statute Barring More Than One Sex Offender per Address Is Unconstitutional, by Matthew Clarke
- 17 States and DC Have Stopped Reporting Active COVID Cases Behind Bars, by Victoria Law
- The Catalog of Carceral Surveillance: Voice Recognition and Surveillance, by Cooper Quintin, Beryl Lipton
- Arizona Closing Prison, Moving Prisoners to CoreCivic Lockup, by Edward Lyon
- Tenth Circuit Revives Suit Against Oklahoma Jail for Medical Neglect Leading To Detainee’s Death, by David Reutter
- California Court Sides With Securus in Challenge to CDCR Contract, Dealing Only Temporary Setback to GTL, by David Reutter
- All Ohio Prison Guards to Wear Body Cams, by Keith Sanders
- Monkeypox: A Global Health Emergency, by Michael D. Cohen, MD
- SCOTUS Reinstates Boston Marathon Bomber’s Death Sentence, by Mark Wilson
- $1.1 Million Settlement Paid by Michigan County to Estate of Detainee Who Committed Suicide at Jail, by David Reutter
- Nebraska Prison Staffing Crisis Sees Supervisors Take Demotions to Get Hourly Overtime Pay, by Kevin Bliss
- Fifth Circuit Upholds Dismissal of Texas Prisoners’ Challenge to Pandemic Prison Conditions for Failure to Exhaust, by Matthew Clarke
- U.S. Supreme Court Grants Texas Prisoner Religious Touch and Audible Prayer During Execution, by Matthew Clarke
- California Appeals Court Says Prop. 57 Doesn’t Require In-Person Parole Hearings, by Kevin Bliss
- Oregon Appeals Court Okays Legal Change of Transgender Prisoner’s Name and Sex, by Jacob Barrett
- Fourth Circuit Says Virginia May Require Muslim Prisoner to Purchase Prayer Oil From Vendor Also Selling Pork and “Idols”, by Matthew Clarke
- Florida Now Digitizing Incoming Mail for State Prisoners, by Kevin Bliss
- $7,500 Settlement Reached for Assault in California Jail, by David Reutter
- Impact of Felons’ Voting Minimal, MIT Researchers Find, by Keith Sanders
- $1.375 Million Award in Hawaii Prisoner’s Suicide, by David Reutter
- Third Circuit: Federal Prisoner Exposed to Risk of Assault Cannot Collect Damages if One Didn’t Occur, by Casey Bastian
- Seventh Circuit Allows Wisconsin Prisoner to Amend Inartfully Pleaded Pro Se Complaint, by Matthew Clarke
- Florida Supreme Court Reinstates Prisoner’s Appeal That Was Dismissed for Lack of Prison Date Stamp, by David Reutter
- Indiana Caps Phone Rates in State Prisons and Jails, by Ashleigh Dye
- Senators Spank BOP Director on Last Day Before Replacement by Former Oregon DOC Director, by Jacob Barrett
- New York Lifts Blanket Internet Ban on Sex Offenders, by Jayson Hawkins
- Even as U.S. Jail Population Declines, Average Length of Stay Rises, by Ashleigh Dye
- Rhode Island Supreme Court Finds Lifer “Civil Death” Law Unconstitutional, by David Reutter
- Embattled Los Angeles County Sheriff, Brawling Over Closing Decrepit Jail, Accused of Ignoring Deputy “Gangs”, by Matthew Clarke
- California Sheriff’s Pay-to-Play Scandal Reflects Nationwide Corruption Potential Documented in Watchdog Report, by Jayson Hawkins
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- News in Brief
More from David Reutter:
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- Criminal Justice Reform Becoming a Corporate Priority, May 15, 2024
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024
- $1.4 Million Verdict for Florida Jail Guard Injured in Transport Van Crash, April 26, 2024
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024
- $155 Million Settlement for 10,000 California Prison Guard Supervisors in Wage Lawsuit, April 26, 2024
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024
More from these topics:
- U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, Jan. 15, 2024. AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel.
- Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review, Oct. 1, 2023. First Step Act, Procedural Default/Error, Resentencing.
- SCOTUS Announces Statute of Limitations for § 1983 Claim Challenging State’s Postconviction DNA Testing Procedures Begins to Run Upon Completion of State-Court Litigation, Including Appeals, May 15, 2023. DNA Testing/Samples, Procedural Default/Error.
- Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea, April 15, 2023. Procedural Default/Error, Conspiracies, Attempts, Solicitations, Knowingly and Voluntarily Made.
- Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion, April 15, 2023. Frivolous Litigation (PLRA), First Step Act, Procedural Default/Error.
- SCOTUS: Arizona Supreme Court’s Interpretation of State Procedural Rule so ‘Novel and Unforeseeable’ It’s Not ‘Adequate’ to Preclude SCOTUS Review of Federal Death-Penalty Claim, March 15, 2023. Death Penalty, Procedural Default/Error.
- Fifth Circuit: District Court Erred in Finding That a Fourth Amendment Stop Did Not Occur, Jan. 15, 2023. Procedural Default/Error, Terry Stops.
- Florida Supreme Court: Trial Courts Have Authority to Correct Sentencing Errors, But Subject to Time Limits, Jan. 1, 2023. U.S. Sentencing Guidelines, Procedural Default/Error, Timeliness.
- Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar, Sept. 15, 2022. AEDPA, Procedural Default/Error.
- SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar, June 15, 2022. Evidentiary Ruling (Disciplinary Hearings), AEDPA, Procedural Default/Error.