Full question:
How many appeals are allowed to a prisoner on death row?
- Category: Courts
- Date:
- State: Florida
Answer:
In Florida, death-row inmates have an opportunity to file one postconviction motion with the trial court, which must include all possible claims pursuant to Rule of Criminal Procedures 3.850. This rule provides a vehicle for inmates to challenge the judgment or the sentence on the grounds "that the sentence was in excess of the maximum authorized by law, that the plea was given involuntarily, or that the judgment or sentence is otherwise subject to collateral attack." In addition, a death-row inmate may also file a writ of habeas corpus with the Florida Supreme Court to challenge possible ineffective assistance of counsel on appeal. Finally, a death-row inmate may file a writ of habeas corpus with a federal court.
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