2ND EDITION!! Updated June 2024!
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Florida's Postconviction 3.850 Self-help Legal Manual, contains the following points:
- Explanation of the time requirements of Rules 3.800, 3.801, 3.802, 3.850, 3.853, and 9.141(d) (including example format for ineffective assistance of appellate counsel petition and 3.850 claims).
- Full breakdown on federal AEDPA one-year time limitations, and its application to filing a timely 2254 petition, following the completion of state postconviction proceedings.
- Explanation of the legal standards required to be met for relief under Rule 3.850.
- Instructions, start-to-finish, on preparing a successful 3.850 motion; including, research pointers, and how to discover claims, obtaining perspective on the emotions involved in working on your own case, note taking hints-up to drafting claims to be filed with the court, what to expect at the evidentiary hearing, how to prepare for a successful hearing, and then how to present evidence in support of your claims at the hearing.
- Examples of complete 3.850 claims, with formats to follow, including simplified examples on how to show counsel's deficient performance and prejudice.
- Full disclosure on filing a successful ineffective assistance of counsel claim, newly discovered evidence claim, Brady claim, Giglio claim, Youngblood claim, Franks claim, and many more.
- Including over 100 examples of possible ineffective assistance of counsel claims, with supporting case law, and tips on preparing a successful claim under each-in accordance with Rule 3.850.
