MACK REED TEDDER, II, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court's summary denial of the motion should be affirmed if it is facially insufficient, even if the reason for denial was erroneous.
Appellant, serving a life sentence for murder, filed a pro se motion that was summarily denied on the basis of laches. The appellate court found no sh…
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COBB, Judge.
The appellant, Mack R. Tedder, who is serving a life sentence for murder, filed a pro se 3.850 motion below, which was summarily denied on the basis of laches. See Tolar v. State, 196 So. 2d 1 (Fla. 4th DCA 1967). Laches, however, requires a showing of prejudice to the state. See Remp v. State, 248 So. 2d 677 (Fla. 1st DCA 1970). There was no such showing here. Nor was there an inquiry into Tedder’s exercise of due diligence. See Babson v. Wainwright, 376 So. 2d 1187 (Fla. 5th DCA 1979), cert. denied, 388 So. 2d 1109 (Fla.1980). Therefore, the trial court’s reason for denying the motion was erroneous.
Nevertheless, the trial court’s summary denial of the motion should be affirmed if it is facially insufficient. Lilley v. State, 483 So. 2d 56 (Fla. 5th DCA 1986). We first note that allegations pertaining to ineffective assistance of counsel must be detailed in an appropriate pleading. Knight v. State, 394 So. 2d 997, 1001 (Fla.1981). Moreover, the pleader must proffer evidence which is available to support the specific factual allegations. Zeigler v. State, 452 So. 2d 537, 539 (Fla.1984). Those facts must be of a prejudicial nature. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 2069-2070, 80 L.Ed.2d 674 (1984); Harich v. State, 484 So. 2d 1239 (Fla.1986).
Upon our review of the sworn allegations in petitioner’s motion, we find no specific factual allegations in regard to deficient conduct by counsel depriving petitioner of an exculpatory benefit so as to justify an evidentiary hearing. See Anderson v. State, 471 So. 2d 661 (Fla. 1st DCA 1985); Abies v. State, 404 So. 2d 137 (Fla. 5th DCA 1981).
Affirmed.
DAUKSCH and COWART, JJ., concur.
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State v. Perry, 786 So. 2d 554 (Fla. 2001)…from inordinate delay in filing for relief. The trial court may find the petitioner is barred by laches upon a finding of a lack of due diligence and prejudice to the State. Barbz v. State, 740 So. 2d 1243, 1244 (Fla. 3d DCA 1999); Tedder v. State, 495 So. 2d 276, 276 (Fla. 5th DCA 1986); Blotch v. State, 389 So. 2d 669, 672 (Fla. 3d DCA 1980). We approve the district court’s holding that such an issue should be remanded to the trial court for an evidentia-ry hearing. For the reasons addressed above, we ans…
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State v. Caudle, 504 So. 2d 419 (Fla. 5th DCA 1987)…ckson v. State, 252 So. 2d 241 (Fla. 4th DCA 1971) (court remanded for a hearing on the validity of a prior conviction and stated the procedure to be followed "in the event appellant proves the alleged constitutional infirmity.") . Tedder v. State, 495 So. 2d 276 (Fla. 5th DCA 1986); Despres v. State, 427 So. 2d 257 (Fla. 5th DCA 1983).…
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Finney v. State, 502 So. 2d 519 (Fla. 3d DCA 1987)…e find no merit to the appeal from the adjudication upon the jury’s verdict. As to the appeal seeking review of the denial of the 3.850 motion, we find no merit as the petition is “facially” insufficient. As was recently stated in Tedder v. State, 495 So. 2d 276, 277 (Fla. 5th DCA 1986): “Nevertheless, the trial court’s summary denial of the motion should be affirmed if it is facially insufficient. Lilley v. State, 483 So. 2d 56 (Fla. 5th DCA 1986). We first note that allegations pertaining to ineffective…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Harich v. State, 484 So. 2d 1239 (Fla. 1986)
- Zeigler v. State, 452 So. 2d 537 (Fla. 1984)
- Tolar v. State, 196 So. 2d 1 (Fla. 4th DCA 1967)
- Ables v. State, 404 So. 2d 137 (Fla. 5th DCA 1981)
- Remp v. State, 248 So. 2d 677 (Fla. 1st DCA 1970)
- Sinclair Ref. Co. v. Ada Smith, 248 So. 2d 677 (Fla. 1st DCA 1971)
- Babson v. Louie L. Wainwright, 376 So. 2d 1187 (Fla. 5th DCA 1979)
- Anderson v. State, 471 So. 2d 661 (Fla. 1st DCA 1985)