STATE OF FLORIDA, PETITIONER,
v.
JOHN T. CREWS, JUDGE, RESPONDENT
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The Florida Supreme Court denied the State's application for a writ of prohibition and motion to vacate a stay of execution, affirming the trial court's grant of an evidentiary hearing on Stephen Todd Booker's claim of ineffective assistance of trial counsel in a post-conviction relief motion. The court held that although this was Booker's second post-conviction motion, it was not an abuse of process because the trial court found that testimony at the original hearing was fraudulent.
The trial court did not err in granting the evidentiary hearing. A second post-conviction motion is not per se an abuse of process when the trial court finds that testimony at the original hearing was false and fraudulent. A movant is entitled to an evidentiary hearing unless the motion and records conclusively show the movant is entitled to no relief.
[1] A trial court has the authority to entertain a motion for post-conviction relief and vacate a prior order when false statements in a prior motion constitute a fraud on th…
[2] A movant is entitled to an evidentiary hearing on a claim of ineffective assistance of counsel unless the motion, files, and records conclusively demonstrate that the mov…
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Join FLexlaw to unlock all legal intelligence“since facts disclosed in an affidavit attached to original motion for new trial and accepted as true were basically false and such false statements constituted fraud practiced on the court, the court had authority to entertain a petition for rehearing and vacate a new trial order”
Establishes the Burton standard allowing courts to entertain subsequent motions when prior testimony was fraudulent
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Join FLexlaw to unlock all legal intelligenceStephen Todd Booker filed a motion for post-conviction relief raising ineffective assistance of trial counsel on November 8, 1983. The trial court hel…
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ADKINS, Acting Chief Justice.
We have before us the state’s application for writ of prohibition and motion to vacate stay. On September 26, 1985, the trial court granted Stephen Todd Booker’s motion for an evidentiary hearing and ordered a stay of execution. We deny the state’s application for writ of prohibition and motion to vacate stay.
On November 8, 1983, Booker filed a motion for post-conviction relief in the trial court. Booker raised the claim of ineffective assistance of trial counsel. The trial court granted an evidentiary hearing. Following the hearing, the trial court denied Booker’s claim for relief. Upon appeal, we affirmed the trial court’s order. Booker v. State, 441 So. 2d 148 (Fla.1983).
The state asserts that Booker’s motion is an “abuse of the post-conviction process” because it is his second motion for post-conviction relief filed in the state court system. See Smith v. State, 453 So. 2d 388 (Fla.1984). We disagree. State v. Burton, 314 So. 2d 136 (Fla.1975), is controlling. In Burton, we held that since facts disclosed in an affidavit attached to original motion for new trial and accepted as true were basically false and such false statements constituted fraud practiced on the court, the court had authority to entertain a petition for rehearing and vacate a new trial order. In this instance, the trial court concluded that testimony produced at the hearing for post-conviction relief on November 14, 1983, was false and constituted a fraud on the court. As a result, the trial court had authority to entertain defendant’s motion in post-conviction relief.
The trial court did not err in granting defendant an evidentiary hearing on the claim of ineffective assistance of counsel. The movant is entitled to an evidentiary hearing unless the motion or files and records in the case conclusively show that the movant is entitled to no relief. O’Callaghan v. State, 461 So. 2d 1354, 1355 (Fla.1984) (citations omitted).
The state has failed to show an abuse of the trial court’s discretion in finding that the files and records of the case do not conclusively show that the defendant is entitled to no relief on that ground.
Accordingly, we deny the state’s application for writ of prohibition and motion to vacate stay.
It is so ordered.
overton, McDonald, ehrlich and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lemon v. State, 498 So. 2d 923 (Fla. 1986)…3, 84 L.Ed.2d 370 (1985). It is clear that appellant is entitled to an evidentiary hearing unless “the motion and the files and records in the case conclusively show that the prisoner is entitled to no relief.” Fla.R.Crim.P. 3.850; State v. Crews, 477 So. 2d 984 (Fla.1985); O’Callaghan v. State, 461 So. 2d 1354 (Fla.1984). Having reviewed appellant’s motion, files and record, we find that his allegations are sufficient to require an evidentiary hearing. Accordingly, we remand to the circuit court for furthe…
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Booker v. State, 773 So. 2d 1079 (Fla. 2000)…ht, 764 F. 2d 1371 (11th Cir.), cert. denied, 474 U.S. 975, 106 S.Ct. 339, 88 L.Ed.2d 324 (1985); Wainwright v. Booker, 473 U.S. 935, 106 S.Ct. 30, , 106 S.Ct. 3343, 87 L.Ed.2d 706 (1985); State v. Booker, 479 So. 2d 118 (Fla. 1985); State v. Crews, 477 So. 2d 984 (Fla. 1985) (denying State's petition to vacate stay of execution); Booker v. State, 503 So. 2d 888 (Fla.1987); Booker v. Dugger, 825 F. 2d 281 (11th Cir.1987), cert. denied, 485 U.S. 1015, 108 S.Ct. 1488, 99 L.Ed.2d 716 (1988). .Justice Kogan, joi…
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Booker v. State, 503 So. 2d 888 (Fla. 1987)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Ollis Burton, 314 So. 2d 136 (Fla. 1975)
- O'Callaghan v. State, 461 So. 2d 1354 (Fla. 1984)
- Smith v. State, 453 So. 2d 388 (Fla. 1984)
- Booker v. State, 441 So. 2d 148 (Fla. 1983)