Legal Opinion

Birdsong v. State

District Court of Appeal of Florida

Decided May 19, 1999No. Nos. 98-3325, 98-1935PublishedCited by 2 opinions

1Per curiam

We affirm the denial of defendant’s motion for postconviction relief, and deny both his Petition for Writ of Error Coram Nobis and his Petition for Writ of Mandamus. See Fla. R.Crim. P. 3.850(b) (imposing two-year limitation on seeking postcon-viction relief in noncapital case unless facts on which claim is predicated were unknown to movant or movant’s attorney and could not have been ascertained by the exercise of due diligence); see also Calloway v. State, 699 So.2d 849 (Fla. 3d DCA 1997) (holding that habeas petition cannot be used to circumvent the limitations period imposed by rule…

2Cases cited2 opinions

  1. Calloway v. StateDistrict Court of Appeal of Florida · 1997
  2. Smith v. StateDistrict Court of Appeal of Florida · 1987

3Cited by2 opinions

  1. Hyler v. StateDistrict Court of Appeal of Florida · 1999
  2. Birdsong v. StateSupreme Court of Florida · 2000

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