Shawl v. State
The Fifth District denied a pro se inmate's petition for belated appeal, following Porto-Sierra and Jordan, holding that delays in prison law-library assistance did not entitle him to relief because access to a law library is not necessary to prepare and file a simple notice of appeal. Judge Makar dissented, arguing that current Florida Administrative Code rules mandate inmate access to law-library legal assistance for preparing filings, that Jordan predates those rules, and that the petitioner's timely but institutionally delayed request should excuse the four-day-late notice.
Key facts
- Pro se inmate Shawl filed a petition for belated appeal after his notice of appeal was filed four days late, claiming delays in obtaining prison law-library assistance prevented timely filing.
- The trial court or initial appellate proceedings resulted in an untimely notice of appeal, and Shawl sought relief under Florida Appellate Rule 9.141(c) based on institutional delays in law-library access.
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Why it matters
This per curiam order, with a substantive dissent, highlights an unresolved tension between older case law (Jordan/Porto-Sierra) holding that law-library access is unnecessary for filing a simple notice of appeal and… — full analysis with a trial
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