Suitt v. State
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The Supreme Court ruled that the intermediate court of appeals (ICA) had jurisdiction to review the merits of Appellant's postconviction appeal even though the appeal was not properly taken from a final order, holding that the appeal's procedural defects stemmed from ineffective assistance of counsel.
Appellant pled no contest to murder in the second degree and was sentenced to life in prison with the possibility of parole. The ICA dismissed Appellant's appeal for lack of appellate jurisdiction because the appeal had not been taken from a final order. The Supreme Court vacated the ICA's decision, holding (1) the order appealed from was not final, and the appeal did not give rise to appellate jurisdiction; and (2) this Court presumes prejudice to Appellant from his counsel's failure to take the procedural steps necessary to make the appeal that Appellant desired, and the appropriate remedy is consideration of the appeal on its merits.
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