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RECENT APPELLATE, POST-CONVICTION AND SENTENCING NEWS FROM OUR CASES

May 8, 2012 - Belated Appeal Granted by Florida First District Court of Appeal

May 8, 2012, Florida First District Court of Appeal granted a belated appeal in the first degree murder case of client Ahmad Smith "Based on the unique and tortured procedural history of this case, we conclude that notwithstanding the decision in Smith v. State, 29 So. 3d 295 (Fla. 1st DCA 2010), a manifest injustice may result if Appellant is not afforded an opportunity to establish his entitlement to a belated appeal based on the facially sufficient allegations of ineffective assistance of trial counsel in his rule 3.850 motion. Accordingly, we treat the motion as a petition seeking a belated appeal in Bay County Circuit Court case number 06-3679-CFMC."  

Ryan McFarland