DeCola v. State
DeCola appealed denial of his amended 3.850 motion, which reasserted four previously denied claims and added a new cumulative-error claim. The Second DCA affirmed denial of the four claims as successive but held the postconviction court lacked jurisdiction to rule on the new cumulative-error claim because it was related to claims already on appeal from the prior order.
Key facts
- DeCola appealed the trial court's denial of an amended Rule 3.850 motion that reasserted four previously denied ineffective assistance of counsel claims and added a new cumulative-error claim.
- The postconviction court denied all claims, and DeCola appealed while the cumulative-error claim was still pending before the trial court.
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Why it matters
This decision reinforces and applies the rule from Jackman v. State that a trial court cannot rule on the merits of a new postconviction claim while a related appeal is pending, extending that principle specifically to… — full analysis with a trial
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