Public-domain · open source
OpenJurist

635 So. 2d 163

Melbourne v. State

District Court of Appeal of Florida · decided 1994-05-02

Cited by 2 later decisions — most recently October 1998

2 state decisions

Relies on Rooney v. State · Melbourne v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-05-02

View the full empirical analysis of this case →

GRIFFIN, Judge.

¶1Based on the allegations contained therein, the petition for writ of habeas corpus for belated appeal due to ineffective assistance of appellate counsel is granted. Rooney v. State, 632 So.2d 212 (Fla. 5th DCA 1993).

¶2As we did in Rooney, we grant the petition, reinstate petitioner Melbourne’s appeal in this court’s case No. 93-1092 and relinquish jurisdiction to the lower court for a period of thirty days to appoint substitute appellate counsel in that proceeding, 633 So.2d 1093. Substitute counsel shall have thirty days from the date of appointment by the lower court within which to file appellant’s initial brief. Petitioner may apply below for release pending appeal.

¶3WRIT ISSUED; REMANDED.

DAUKSCH and PETERSON, JJ., concur.
/635/so2d/163 · .json · Public domain