TYRONE MOSES FIELDS, JR. v. STATE OF FLORIDA

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where the pleadings specifically cited, the \interest of justice\ exception under subdivision 4(b), the exception was invoked
• holding that the interests-of-justice exception was satisfied when, despite' defense counsel’s timely request for a transcript' of the district court proceedings, the transcript was not delivered until 2 business days before the statute of limitations expired
• concluding that the exception applied where the petitioner contacted the public defender’s office “well within the original statute of limitations” but the transcript did not arrive until two days before the deadline and the petitioner filed a motion to extend time to file
• explaining that a specific citation to the statute is not necessary to invoke an exception, but can be implied from the statement of facts and the grounds upon which the petition is based
• explaining that the earliest an interests-of-justice claim based on the transcript delivery could arise was when the transcript was ordered, and the latest the claim could have arisen was when the court reporter delivered the transcript
• holding individual met subdivision 4(c) filing requirement, although his subdivision 4(a) filing deadline expired on August 18, 2008, because his subdivision 4(b)(5) claim due to late transcript delivery arose by August 2008 and his petition was timely filed in October 2008

Source: CourtListener parenthetical corpus (CC0).