What is the Florida Statute of limitations for murder conviction appeals?
The short is 30 days and the long is that it can be extended if “newly discovered evidence (not known at trial and not known to the jury who decided the case) is presented under oath as soon as it becomes known” such as DNA evidence or other scientific evidence. First, a murder defendant has 30 days to file a notice of appeal after he is convicted and sentenced to death (call the “direct appeal”). If the appeal is affirmed, the defendant then has one year in Florida to file a 3.851 post conviction motion to allege “newly discovered evidence” like DNA or a witness who exonerates a defendant or if the prosecutor withhelp evidence of innocense. That hearing takes place in trial court and if it is denied, the defendant has another 30 days to file a notice of appeal to appeal the 3.851 hearing. Defendant often try to file “successive motions” that argue the same grounds which can clog the appellate courts. This only shows the tip of iceberg as it relates to death penaly appeals.
