Cannon v. State

In this appeal, we must determine what happens when a defendant alleges she discovered facts undermining her judge’s impartiality only after the judge denied her postconviction motion. Although the rules of criminal procedure provide no direct answer, Florida Supreme Court precedent allows a defendant in this circumstance to file a successive rule 3.850 motion. We therefore reverse the order on appeal, and we remand so that the tidal court can treat the motion to set aside as a rule 3.850 motion.

I

Michael Ufferman represented Appellant Dana Cannon in her postconviction proceeding, with Judge…