February 10, 2012 - District Court of Appeal Orders Evidentiary Hearing Reversing Denial of 3.850

February 10, 2012, the Florida First District Court of Appeals entered an order in an appeal of denial of a 3.850 state post conviction motion seeking a belated appeal (after a prior habeas for belated appeal was per curiam denied) finding that it would be a manifest injustice to deny the appeal based on the "tortured" procedural history in the case, and ordered that a special master be appointed for an evidentiary hearing to issue a report and recommendation whether a belated appeal should be granted.  This will be a formality in this case and a belated appeal will be granted.  This will establish client Ahmad Smith's right to an initial direct appeal after being found guilty of murder and sentenced to life imprisonment.   Click here for a copy of Mr. Kent's brief in this appeal.