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Newly discovered evidence is a mechanism to file a 3.850 motion in Florida. Subsequent motions for post-conviction relief pursuant to Rule 3.850 have formality requirements as well. Under such a circumstance, a subsequent motion for post-conviction relief would contain issues that not have been possible to raise previously.įrivolous subsequent motions for post-conviction relief under Rule 3.850 can lead to a court preventing a person from future filings and even refer an inmate to the Department of Corrections for sanctions as a result. The second is when there is a change in the law that the legislature or courts hold to apply retroactively. This evidence was not known at the time of trial or plea and, depending on when it is discovered, may alter the timeline for filing a Florida 3.850 motion. The first is when there is newly discovered evidence of actual innocence. There are a few limited circumstances in which a successive 3.850 motion for post-conviction relief are not only allowed, but necessary when seeking relief. The court expects that issues are raised correctly and only once. The courts will look disfavorably upon a 3.850 motion that either tries to re-raise issues that were part of direct appeal, an initial 3.850 motion or a petition for writ of habeas corpus. It is possible that a person may want to file a second or successive motion for post-conviction relief pursuant to Rule 3.850. This is because usually the issues that are contained in the 3.850 motion are those known at the time of the trial or the plea, such as ineffective assistance of counsel. Typically, someone will file a single 3.850 Florida motion for post-conviction relief in their case.