Rule 9.141 — Review Proceedings in Collateral or Post-Conviction Criminal Cases

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(a) Death Penalty Cases. This rule does not apply to death penalty cases.

(b) Appeals from Post-Conviction Proceedings Under Florida Rule of Criminal Procedure 3.800(a), 3.801, 3.850, or 3.853.

  1. (1) Applicability of Civil Appellate Procedures. Appeal proceedings under this subdivision shall be as in civil cases, except as modified by this rule.
  2. (2) Summary Grant or Denial of All Claims Raised in a Motion Without Evidentiary Hearing. ...
  3. (3) Grant or Denial of Motion after an Evidentiary Hearing was Held on One or More Claims. ...

(c) Petitions Seeking Belated Appeal or Belated Discretionary Review.

  1. (1) Applicability. This subdivision governs petitions seeking belated appeals or belated discretionary review.
  2. (2) Treatment as Original Proceedings. Review proceedings under this subdivision shall be treated as original proceedings under rule 9.100, except as modified by this rule.
  3. (3) Forum. Petitions seeking belated review shall be filed in the court to which the appeal or discretionary review should have been taken.
  4. (4) Contents. The petition shall be in the form prescribed by rule 9.100...
  5. (5) Time Limits. (A) A petition for belated appeal shall not be filed more than 2 years after the expiration of time for filing the notice of appeal... (B) A petition for belated discretionary review shall not be filed more than 2 years after the expiration of time for filing the notice to invoke discretionary review...
  6. (6) Procedure. ...

(d) Petitions Alleging Ineffective Assistance of Appellate Counsel.

  1. (1) Applicability. This subdivision governs petitions alleging ineffective assistance of appellate counsel.
  2. (2) Treatment as Original Proceedings. Review proceedings under this subdivision shall be treated as original proceedings under rule 9.100, except as modified by this rule.
  3. (3) Forum. Petitions alleging ineffective assistance of appellate counsel shall be filed in the court to which the appeal was taken.
  4. (4) Contents. The petition shall be in the form prescribed by rule 9.100...
  5. (5) Time Limits. A petition alleging ineffective assistance of appellate counsel on direct review shall not be filed more than 2 years after the judgment and sentence become final on direct review...
  6. (6) Procedure. ...

Appeals After the Main Appeal: This rule outlines the special procedures for appeals in "collateral" or "post-conviction" criminal cases. These are not the direct appeal that happens right after a conviction; rather, these are later proceedings where a defendant challenges their conviction or sentence based on issues like newly discovered evidence or ineffective assistance of counsel.

(b) Appeals from Post-Conviction Motions: This is the most common part of the rule. It applies when a defendant appeals a trial court's ruling on a motion for post-conviction relief (like a motion under Rule 3.850). The rule sets up two different tracks:

  • If No Evidentiary Hearing was Held: The appeal proceeds in a simplified manner. The record is limited, and the appellant is not required to file an initial brief, though they may choose to do so.
  • If an Evidentiary Hearing was Held: The appeal proceeds more like a standard civil appeal. The clerk must prepare a full record, including the transcript of the hearing, and the appellant is required to file an initial brief within 30 days.

(c) Petitions for Belated Appeal: If a defendant missed the deadline for their direct appeal due to no fault of their own (e.g., their lawyer failed to file the notice), they can file a petition for a "belated appeal" to get a second chance. There are strict time limits, generally requiring the petition to be filed within **2 years**.

(d) Petitions for Ineffective Assistance of Appellate Counsel: If a defendant believes their lawyer on the *direct appeal* was ineffective, they can file a petition in the appellate court making that claim. This also has a strict **2-year** time limit from when the direct appeal became final.

Rule 9.140 Rule 9.142
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