Treadway v. State
The Second DCA reversed a postconviction court's dismissal of most grounds in Treadway's rule 3.850 motion as untimely, holding that the two-year limitations period was tolled while Treadway sought discretionary review in the Florida Supreme Court following a certified conflict and certified question in his direct appeal. Because his petition for discretionary review included a citation establishing a point of law and explicitly noting a conflicting decision from another district, the Supreme Court had jurisdiction, and the time limit was tolled until that court denied review.
Key facts
- Treadway was convicted and appealed directly; his direct appeal resulted in a certified conflict with another district court and a certified question of great public importance.
- Treadway timely sought discretionary review in the Florida Supreme Court by citing the conflicting authority and the certified question.
- +2 more key facts with a free trial
Why it matters
This opinion is useful to postconviction practitioners because it applies and reaffirms the Mullins/Cardali tolling rule to the specific scenario of a certified conflict and certified question review sought in the… — full analysis with a trial
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