Kerr v. State

Karl Kerr Jr. filed timely motions for postconviction relief under Florida Rule of Criminal Procedure 3.850 in two circuit court cases, numbers 2010-CF-8438 and 2011-CF-1183, on approximately August 16, 2013. The motion in case number 2011-CF-1183 was denied on the merits, and we affirm without comment the post-conviction court’s orders directed to this motion. However, the motion in case number 2010-CF-8438 was dismissed as untimely and successive. Because the motion appears to have been timely filed under the mailbox rule, we reverse and remand for the postconviction court to reconsider the…