Narrative Opinion Summary
Appellant's motion for rehearing en banc is based on the panel's decision affirming the denial of her Florida Rule of Criminal Procedure 3.850 motion, wherein she claimed ineffective assistance of counsel related to her guilty plea and probation sentence. The appeal was deemed weak, lacking a factual statement or record references, thus violating appellate procedure rules. The panel found her arguments vague and meritless, resulting in a dismissal without a written opinion. The rehearing motion fails to present new legal or factual points, instead reiterating the original argument verbatim, which the court considers an abuse of process. Consequently, the motion is struck, and counsel is ordered to appear before the original panel to explain why sanctions should not be imposed for this conduct, with jurisdiction reserved for this purpose. The judges concur, expressing skepticism about the appropriateness of rehearing motions in cases concluded without a written opinion.
Legal Issues Addressed
Appellate Procedure Requirementssubscribe to see similar legal issues
Application: The appellant's appeal was dismissed due to non-compliance with appellate procedure rules, specifically lacking a factual statement or record references.
Reasoning: The appeal was deemed weak, lacking a factual statement or record references, thus violating appellate procedure rules.
Ineffective Assistance of Counsel Claimssubscribe to see similar legal issues
Application: The appellant claimed ineffective assistance of counsel in relation to her guilty plea and probation sentence under Florida Rule of Criminal Procedure 3.850.
Reasoning: Appellant's motion for rehearing en banc is based on the panel's decision affirming the denial of her Florida Rule of Criminal Procedure 3.850 motion, wherein she claimed ineffective assistance of counsel related to her guilty plea and probation sentence.
Judicial Skepticism of Rehearing Motionssubscribe to see similar legal issues
Application: The judges expressed skepticism about the appropriateness of filing rehearing motions in cases concluded without a written opinion.
Reasoning: The judges concur, expressing skepticism about the appropriateness of rehearing motions in cases concluded without a written opinion.
Rehearing Motion Standardssubscribe to see similar legal issues
Application: The motion for rehearing was struck for failing to present new legal or factual points, reiterating the original arguments verbatim, which is considered an abuse of process.
Reasoning: The rehearing motion fails to present new legal or factual points, instead reiterating the original argument verbatim, which the court considers an abuse of process.
Sanctions for Procedural Abusesubscribe to see similar legal issues
Application: The appellant's counsel is ordered to explain why sanctions should not be imposed for the conduct in filing a repetitive rehearing motion.
Reasoning: Consequently, the motion is struck, and counsel is ordered to appear before the original panel to explain why sanctions should not be imposed for this conduct, with jurisdiction reserved for this purpose.