Legal Question in Criminal Law in Florida

I assisted a friend in filing a 3.800 challenging his sentence based on the findings established in Apprendi this argument was rejected because the court stated that it did not apply retroactively. However, I can prove that based on Teague vs. Lane that the 90 day window for which to seek certiorari review had not elapsed and therefore Apprendi would apply. My question is how do we go about arguing this case in the trial court? Or is the trial court allowed to supplant the decisions of the Supreme Court


Asked on 5/29/10, 11:05 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

You need to hire an attorney to answer this question. "Helping" your friend may have done more harm than good since the Rules are very strict about things like time limits, among many other things. An attorney could spend many hours explaining the ins and outs of this situation but that is the reason they went through 7 years of post-secondary schooling and deserve to get paid for their time. No attorney can answer your question on here.

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Answered on 5/29/10, 8:02 pm


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