Legal Opinion
Bryant v. State
District Court of Appeal of Florida
Decided January 6, 2012No. 2D11-2185PublishedCited by 7 opinions
1Opinion of the Court
ALTENBERND, Judge.
Tommy Ray Bryant appeals the dismissal of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, in which he raised one claim based on newly discovered evidence. The postconviction court dismissed his motion for lack of jurisdiction because he had a pending appeal of an earlier order denying postconviction relief. We reverse and remand for the postconviction court to consider Mr. Bryant’s motion on the merits. In so doing, we recede from a number of cases that support the postconviction court’s ruling and certify conflict with…
2Cases cited37 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- State v. MenesesSupreme Court of Florida · 1981
- Florida Bar re Amendment to Rules of Criminal ProcedureSupreme Court of Florida · 1984
- Bates v. StateDistrict Court of Appeal of Florida · 1997
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3Cited by7 opinions
- Jackman v. StateDistrict Court of Appeal of Florida · 2012
- Lubin v. StateDistrict Court of Appeal of Florida · 2012
- Siskos v. StateDistrict Court of Appeal of Florida · 2015
- Marshall v. StateDistrict Court of Appeal of Florida · 2012
- Rua-Torbizco v. StateDistrict Court of Appeal of Florida · 2017
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