KAILING v. STATE

No. 5D03-2887.

859 So.2d 1206 (2003)

Michael KAILING, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 24, 2003.


Attorney(s) appearing for the Case

Michael Kailing, Avon Park, pro se.

No Appearance for Respondent.


PALMER, J.

Michael Kailing (defendant) petitions this court to issue a writ of habeas corpus for the purpose of allowing him to pursue a belated appeal, claiming ineffective assistance of appellate counsel. Concluding that his petition was timely filed under the mailbox rule, we grant the petition and defendant's request for belated appeal.

Turning to the defendant's substantive claim that he was denied effective assistance of appellate counsel on direct appeal...

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