Burney v. State
Burney appealed the summary denial of two grounds of his Rule 3.850 motion alleging ineffective assistance of conflict counsel during retrospective competency proceedings. The Sixth District held the trial court lacked jurisdiction to rule on those grounds because Burney had already invoked the appellate court's jurisdiction via a direct appeal from the retrospective competency order at the time he filed the postconviction motion. The court also addressed, in a footnote, whether Burney's pro se motion for extension of time to file notice of appeal—filed while ostensibly represented by conflict counsel—could be treated as a timely notice of appeal.
Key facts
- Burney appealed summary denial of two grounds of his Rule 3.850 ineffective assistance of counsel motion filed during retrospective competency proceedings.
- At the time Burney filed the postconviction motion, he had already invoked the appellate court's jurisdiction through a direct appeal from the retrospective competency order.
- +2 more key facts with a free trial
Why it matters
This opinion is useful to postconviction practitioners because it reinforces the jurisdictional bar on trial courts ruling on Rule 3.850 claims that overlap with issues pending in a simultaneous direct appeal, and… — full analysis with a trial
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