DPisBS
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Post by DPisBS on Oct 18, 2007 19:26:31 GMT -5
Someone know what is a '3.850 Motion for post conviction relief' ?? I try to find the definition, without success yet. And what's the difference between the 3.850 and 3.851 motion ? Help me please !
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Post by happyhaddock on Oct 19, 2007 19:49:55 GMT -5
Someone know what is a '3.850 Motion for post conviction relief' ?? I try to find the definition, without success yet. And what's the difference between the 3.850 and 3.851 motion ? Help me please ! In Florida? Motion for post-conviction relief
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Post by legallybrunette on Oct 20, 2007 6:03:00 GMT -5
One of my counterparts in the US advises that the 3.850 motion relates to applying within a strict time limit to the courts to set aside a judgement of the court following conviction, on various grounds relating to the improper exercise by the court of its authority in passing the particular judgement that it has. Essentially, it demands a technical review of the court's judgement in the case. 3.851 relates to a whole variety of other motions which are only exercisable within tight time frames for procedural steps to be taken in the action. These can vary between say changing counsel or seeking further time to take particular steps in the proceedings. Hope this helps. By the way, my counterpart practises in Florida so I am unsure whether given that in the US it seems to be a state by state matter even with the law, that it would necessarily be the correct answer for some other state.
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DPisBS
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Post by DPisBS on Oct 20, 2007 20:47:01 GMT -5
Thanks very much for the infos!! And yes it's for Florida.
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