Legal Opinion

Hill v. State

District Court of Appeal of Florida

Decided December 18, 1998No. 98-3018PublishedCited by 2 opinions

1Opinion of the Court

W. SHARP, Judge.

Hill petitions for a writ of habeas corpus for belated appeal, alleging ineffective assistance of appellate counsel. First, the petition is untimely and barred by laches. Hill’s direct appeal to this court in 1991 became final on June 19, 1992, after this court issued its mandate. Hill v. State, 599 So.2d 1296 (Fla. 5th DCA 1992). This petition was filed in this court November 6, 1998, more than six years after his conviction became final. Thus, pursuant to McCray v. State, 699 So.2d 1366 (Fla.1997), the petition is barred by laches.

Second, the petition is proeedurally barred…

2Cases cited1 opinion

  1. McCray v. StateSupreme Court of Florida · 1997

3Cited by2 opinions

  1. Givens v. National Loan Investors, LPDistrict Court of Appeal of Florida · 1998
  2. Johnson v. StateDistrict Court of Appeal of Florida · 2004

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