FLORIDA

Direct Appeal
Within 30 days of a plea or verdict, a Defendant may file a notice of appeal challenging his convictions
and sentences. This appeal provides a Defendant with an opportunity to raise trial court error that was
contemporaneously preserved by objection, fundamental error or trial court error that was not
contemporaneously preserved by objection but that rises to the level of a miscarriage of justice, and
ineffective assistance of counsel if a Defendant is represented by new counsel on appeal or is
proceeding pro se and the error is apparent from the face of the record. The attorneys at Whidden
Johnson have extensive experience briefing and arguing direct appeals. Let the attorneys at Whidden
Johnson be your voice for justice.

Rule 3.800 Motion
At any time, a Defendant may file a Rule 3.800 motion attacking the legality of his/her sentence so long
as he has not previously raised and litigated the claim. This type of motion attacks only the sentence
and not the conviction. Therefore, if granted, this motion will not entitle a Defendant to a new trial
although it may entitle a Defendant to significant relief in terms of either a reduced sentence or a new
sentencing proceeding. The attorneys at Whidden Johnson have extensive experience litigating rule
3.800 motions. Let the attorneys at Whidden Johnson be your voice for justice.

Rule 3.850 Motion
Within two years of the date that the mandate is issued following a direct appeal or within two years of
the date of the plea or conviction if no appeal is taken, a rule 3.850 motion may be filed by a Defendant
alleging a claim of ineffective assistance of trial counsel. A Defendant is not entitled to representation in
the filing of this motion. Therefore, if a Defendant wishes to file a 3.850 motion with the assistance of

counsel, a Defendant must obtain private representation. In order to properly investigate and prepare a
3.850 motion that addresses all of a Defendant’s potential claims, the attorneys at Whidden Johnson
recommend that counsel be retained as soon as possible following the conviction or return of the
mandate in a direct appeal as extensive investigation may be required. The attorneys at Whidden
Johnson have significant experience litigating rule 3.850 motions and have conducted hearings before
judges across the State. Let the attorneys at Whidden Johnson be your voice for justice.

Rule 3.850(b) Newly Discovered Evidence Motion
Following a plea or trial, a Defendant may file a Motion for Newly Discovered Evidence pursuant to Rule
3.850(b) within 2 years of the discovery of new evidence that viewed objectively would probably
produce an acquittal in the event of a new trial so long as the new evidence could not have been
previously discovered through due diligence. A Defendant is not entitled to counsel in the filing of this
motion. Given the strict deadlines applicable to the filing of this type of motion, as soon as a Defendant
learns of new evidence to support the filing of a newly discovered evidence motion, a Defendant should
reach out to counsel as soon as possible. The attorneys at Whidden Johnson have extensive experience
litigating newly discovered evidence motions. Let the attorneys at Whidden Johnson be your voice for
justice.

Brady/Giglio Motion
Even in old cases where traditional avenues of relief are no longer available to a Defendant, a review of
State files conducted pursuant to the holding of Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. U.S., 405 U.S. 150 (1972), may provide a Defendant with an opportunity for relief if there is favorable evidence contained therein that was
suppressed and material to the outcome of the case. The attorneys at Whidden Johnson have extensive
experience conducting Brady/Giglio reviews and litigating Brady/Giglio motions.

Let the attorneys at Whidden Johnson be your voice for justice.

State Petition for Writ of Habeas Corpus
A Defendant who wishes to challenge the State’s ability to detain him before, during, or after trial, may
file a petition for writ of habeas corpus. A writ of habeas corpus is an “extraordinary writ” and can only
be obtained in limited circumstances. Many of the legal bases for obtaining habeas relief are now
codified in other sections of the criminal code and rules and are subject to various deadlines. The
preparation and litigation of a successful petition for writ of habeas corpus requires exceptional skill and
legal resources. Let the attorneys at Whidden Johnson be your voice for justice.

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Clemency 

Executive Clemency is a constitutional power vested in the Governor by which a convicted felon may receive sentencing relief. A clemency proceeding is initiated by the filing of an application. Factors to be considered by the Governor and the Clemency Board in determining whether to grant a clemency application include but are not limited to the nature and circumstances of the offense, a Defendant's prior and subsequent criminal history, his mental health, drug and/or alcohol issues, whether a Defendant has shown remorse, and whether a Defendant has turned his life around. Let the attorneys at Whidden Johnson be your voice for justice.  

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COLORADO

Direct Appeal
Within 35 days of the date of the entry of a judgement or the denial of a post-trial motion, whichever is
later, a Defendant may file a notice of appeal challenging his convictions and sentences. This appeal
provides a Defendant with an opportunity to raise trial court error that was contemporaneously
preserved by objection, fundamental error or trial court error that was not contemporaneously
preserved by objection but which rises to the level of a miscarriage of justice, and ineffective assistance
of counsel if the Defendant is represented by new counsel on appeal or is proceeding pro se and the

error is apparent from the face of the record. The attorneys at Whidden Johnson have extensive
experience briefing and arguing direct appeals. Let the attorneys at Whidden Johnson be your voice for
justice.

Rule 35 (a)  Motion
At any time, a Defendant may file a Rule 35(a) Motion attacking the legality of his/her sentence so long
as he has not previously raised and litigated his claim. This type of motion attacks only the sentence and
not the conviction and therefore even if granted will not entitle a Defendant to a new trial. However,
such a motion may nonetheless entitle a Defendant significant relief in terms of either a reduced
sentence or a new sentencing proceeding. The attorneys at Whidden Johnson have extensive
experience litigating post-conviction motions. Let the attorneys at Whidden Johnson be your voice for justice.

Rule 35 (b) Motion
Within 126 days of imposition of a sentence or within 126 days of receipt of remittitur issued upon
affirmance of a judgement or dismissal of appeal, a Defendant may file a motion for reconsideration
asking the trial court to reconsider its sentence. The attorneys at Whidden Johnson have extensive
experience litigating motions for reconsideration. Let the attorneys at Whidden Johnson be your voice
for justice.

Rule 35 (c) Motion
Within three years of a felony conviction (there is no statute of limitations for a class one felony), 18
months of a misdemeanor conviction, and six months of a petty offense conviction, a Defendant may file
a Rule 35 (c) motion seeking post-conviction relief on the basis of a significant change in the law with
retroactive application, newly discovered evidence, lack of personal or subject matter jurisdiction, or a
violation of the federal Constitution or the law of the State. There are limited exceptions to these
deadlines. Please contact an attorney to discuss whether such an exception may be applicable. The
attorneys at Whidden Johnson have extensive experience litigating motions for post-conviction relief.
Let the attorneys at Whidden Johnson be your voice for justice.

 

FEDERAL

Federal Petition for Writ of Habeas Corpus (2254 Motion)
A Defendant who is in custody due to a state court judgment may challenge his conviction in federal
court on the grounds that his conviction and/or sentence violates his federal constitutional rights. The
deadline for filing a federal habeas corpus petition is one year from the date of the judgment but that
deadline may be extended for various reasons. The attorneys at Whidden Johnson have extensive
experience litigating habeas corpus petitions. Let the attorneys at Whidden Johnson be your voice for
justice.