Reynolds v. State
The Second District reversed the denial of a motion for rehearing in a Rule 3.850 postconviction case where the movant's counsel cured a procedural defect (missing oath) by filing a second amended motion—complete with the required oath—simultaneously with a timely motion for rehearing, before the denial became final. The court held that although the trial court properly denied the amended motion for lack of an oath, it abused its discretion by refusing to consider the cured, timely-filed second amended motion on the merits.
Key facts
- Reynolds filed a Rule 3.850 postconviction motion that was initially denied by the trial court due to a missing oath, a facial procedural deficiency.
- Before the denial became final, Reynolds's counsel filed both a timely motion for rehearing and a second amended motion that included the required oath.
- +2 more key facts with a free trial
Why it matters
This decision reinforces that Florida postconviction courts must allow merits review when a procedural defect—like a missing oath—is cured before a denial becomes final, even via a motion for rehearing filed alongside a… — full analysis with a trial
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