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Do i need to file an additional brief
Anonymous3 views5 answers
, I just filed a notice of appeal to the 2nd District Court of Appeal, I need to find out if they are going to review the 3.850 I filed with the circuit court or will I need to file an additional breif
Yes you will need to file a brief.
There are Florida Rules of Appellate Procedure. You can google them. You may want to consider getting a consultation with an attorney in your area if the issue you are appealing is of great importance and it is financially feasible. Good luck.
Under Florida Rule of Appellate Procedure 9.141, if the 3.850 motion was denied without an evidentiary hearing "[b]riefs are not required, but the appellant may serve an initial brief within 30 days of filing the notice of appeal." I suggest that you do so. If you had an evidentiary hearing you will be required to file a brief after the record is prepared by the clerk of court.
The answers below while well meaning are incorrect. A Rule 3.850 Motion need not be briefed under an exception to the briefing rule if your Motion was summarily denied. Summarily denied means the trial court did not grant an evidentiary hearing but only issues a written order denying relief. See Fla. R. App. P. Rule 9.141(b)(2)(C). That being said, it is foolhardy not to file a brief. You should do so in order to efficiently and sufficiently argue your issues at the Court of Appeals and also for further review in the appellate process or Federal Habeas process. See 28 U.S.C., Sec. 2254.
Robert Henley SturgessMediation AttorneyFernandina Beach, FL ·
A tremendous resource for you would be the Pro-se (self-represented) Handbook available on the Supreme Court website or at the Appellate Practice Section of the Florida Bar website. This link should work -- http://prose.flabarappellate.org/