Legal Opinion

Shuler v. State

District Court of Appeal of Florida

Decided September 12, 2014No. 2D14-771PublishedCited by 1 opinion

1Per curiam

We affirm the postconviction court’s order denying Curtis Shuler’s motion for postconviction relief as untimely. See Fla. R. Grim. P. 3.850(b); McDonald v. State, 133 So.3d 530 (Fla. 2d DCA 2013) (“We caution McDonald and others that the holding in Deras v. State, 54 So.3d 1023 (Fla. 3d DCA 2011), is limited to its facts and does not, in our view, create a manifest injustice exception to the rule 3.850 time bar.”). As this court cannot consider arguments raised for the first time on appeal, see Connor v. State, 979 So.2d 852, 866 (Fla.2007), our affirmance is without prejudice to Shuler to…

2Cases cited4 opinions

  1. McDonald v. StateDistrict Court of Appeal of Florida · 2013
  2. Connor v. StateSupreme Court of Florida · 2008
  3. Toye v. StateDistrict Court of Appeal of Florida · 2014
  4. Deras v. StateDistrict Court of Appeal of Florida · 2011

3Cited by1 opinion

  1. PARKS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2024

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