[Download] "Bryant V. State" by Supreme Court of Florida * eBook PDF Kindle ePub Free

eBook details

Title: Bryant V. State
Author : Supreme Court of Florida
Release Date : January 28, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

Description

Byron Bryant appeals an order of the circuit court determining that it lacked jurisdiction to hear Bryant's claim and, in the alternative, denying his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.851. He also petitions the Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons expressed below, we hold that the circuit court did have jurisdiction to hear Bryant's claims because it should not have stricken his original motion, but should have instead granted leave to amend within a reasonable time. Nevertheless, we affirm the lower court's alternative denial of the motion on the merits. We also deny Bryant's petition for habeas corpus.