PLEADRO J. SCOTT
v.
WARDEN MR. RONNIE QUINN, ET AL.
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The petition for a writ of habeas corpus is dismissed as untimely.
[1] A petition for relief from convictions and sentences alleging ineffective assistance of appellate counsel must be filed within two years of the issuance of the mandate on…
[2] A petition alleging ineffective assistance of appellate counsel filed beyond the two-year time limit is untimely unless the petitioner alleges under oath with a specific…
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Join FLexlaw to unlock all legal intelligence“A petition alleging ineffective assistance of appellate counsel on direct review must not be filed more than 2 years after the judgment and sentence become final on direct review unless it alleges under oath with a specific factual basis that the petitioner was affirmatively misled about the results of the appeal by counsel. In no case may a petition alleging ineffective assistance of appellate counsel on direct review be filed more than 4 years after the judgment and sentence become final on direct review.”
Florida Rule of Appellate Procedure 9.141(d)(5), cited as the basis for dismissal
Petitioner filed a petition for a writ of habeas corpus alleging ineffective assistance of appellate counsel. His conviction and sentence became final…
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PER CURIAM.
Petitioner Pleadro J. Scott petitions this Court for a writ of habeas corpus, alleging that his appellate counsel was ineffective during his direct appeal. This is the third time he has done so. See Scott v. State, 248 So. 3d 98 (Fla. 3d DCA 2017); Scott v. State, 425 So. 3d 637 (Fla. 3d DCA 2025). But his conviction and sentence became final after direct appeal over thirteen years ago. See Scott v. State, 114 So. 3d 393 (Fla. 3d DCA 2013); Scott v. State, 123 So. 3d 1147 (Fla. 2013). For that reason, his petition is untimely and must be dismissed. See Fla. R. App. P. 9.141(d)(5) (“A petition alleging ineffective assistance of appellate counsel on direct review must not be filed more than 2 years after the judgment and sentence become final on direct review unless it alleges under oath with a specific factual basis that the petitioner was affirmatively misled about the results of the appeal by counsel. In no case may a petition alleging ineffective assistance of appellate counsel on direct review be filed more than 4 years after the judgment and sentence become final on direct review.").
Petition dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Solomon D. Roberts v. Jones, 213 So. 3d 912 (Fla. 2017)
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Schofield v. State, 244 So. 3d 154 (Fla. 2018)
Authorities Cited
- Pleadro Scott v. State, 114 So. 3d 393 (Fla. 3d DCA 2013)
- Pleadro J. Scott v. State, 248 So. 3d 98 (Fla. 3d DCA 2017)