Third DCA PCA Count 12/14/16 Opinion Release

As my primary arena of appellate litigation is the Third District Court of Appeals, and as I tend to think, for reasons I may elaborate on later, that there are far too many PCAs (abbreviation for "we won't tell you why you lost and because we didn't tell you you can't appeal any further, so don't let the prison door hit you on the way out"), I intend to keep a tally of written opinions versus PCA's in the Third DCA.  Because I tend to think, perhaps arrogantly, that cases where the defendant had an attorney are more likely to be meritorious or at least warrant a written opinion, I will differentiate between PCA's with and without an attorney, and also those where the appointed attorney filed an Anders brief, signaling that a PD didn't believe the case had arguable points, which would tend to make a PCA more likely to be warranted.  I will also differentiate between direct appeals and collateral appeals (usually appeals of denials of 3.850 motion alleging ineffective assistance of counsel).  These numbers apply only to criminal cases.

Written Opinions: 2

• 1 reversed (after previous affirmance and Florida Supreme Court review)

Total PCA's:  9

• 1 direct appeal with counsel
• 1 Anders direct appeal
• 7 pro se collateral appeals