Wade v. State
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The Supreme Court granted Petitioner's petition for a writ of mandamus compelling the court of appeals to reinstate his appeal of a circuit court order denying him postconviction relief, holding that Petitioner did all that the text of the inmate filing rule required.
Petitioner, an inmate convicted of second-degree murder, filed a pro se petition for postconviction relief under Fla. R. Crim. P. 3.850. The circuit court denied the petition. Petitioner appealed, but the court of appeals dismissed the appeal as untimely. Petitioner then filed for relief seeking a writ of mandamus compelling the court of appeals to reinstate his appeal. The Supreme Court granted the petition, holding that the court of appeals erred in not accepting Petitioner's notice of appeal as timely filed without a prison date stamp because the prison mail log produced by Petitioner indicated the notice was timely turned over to prison officials for mailing under Fla. R. App. P. 9.420(a)(2).
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