GEORGE LEMON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the prisoner's motion and the case record do not conclusively show entitlement to no relief, thus requiring an evidentiary hearing.
George Lemon, under a death warrant, appealed the denial of his motion for post-conviction relief. His prior conviction for first-degree murder and de…
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PER CURIAM.
George Lemon, a state prisoner for whom a death warrant has been signed, appeals the circuit court’s denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. We have jurisdiction. Art. V, § 3(b)(1), Fla, Const. We granted a stay of execution and now reverse the trial court’s order and remand for an evidentiary hearing.
We previously affirmed appellant’s conviction for first-degree murder and sentence of death. See Lemon v. State, 456 So. 2d 885 (Fla.1984), cert. denied, 469 U.S. 1230, 105 S.Ct. 1233, 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 further proceedings consistent herewith. The stay of execution issued November 4, 1986, is hereby dissolved.
It is so ordered.
ADKINS, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur. MCDONALD, C.J., and BOYD, J., dissent.
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Freeman v. State, 761 So. 2d 1055 (Fla. 2000)…ticular claim is legally insufficient. See, e.g., Maharaj v. State, 684 So. 2d 726 (Fla.1996); Anderson v. State, 627 So. 2d 1170 (Fla. 1993); Hoffman v. State, 571 So. 2d 449 (Fla.1990); Holland v. State, 503 So. 2d 1250 (Fla.1987); Lemon v. State, 498 So. 2d 923 (Fla.1986); Fla. R.Crim. P. 3.850. The defendant bears the burden of establishing a prima facie case based upon a legally valid claim. Mere conclusory allegations are not sufficient to meet this burden. See Kennedy v. State, 547 So. 2d 912 (Fla.1989…
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Atwater v. State, 788 So. 2d 223 (Fla. 2001)…ticular claim is legally insufficient. See, e.g., Maharaj v. State, 684 So. 2d 726 (Fla.1996); Anderson v. State, 627 So. 2d 1170 (Fla. 1993); Hoffman v. State, 571 So. 2d 449 (Fla.1990); Holland v. State, 503 So. 2d 1250 (Fla.1987); Lemon v. State, 498 So. 2d 923 (Fla.1986); Fla. R.Crim. P. 3.850. The defendant bears the burden of establishing a prima facie case based upon a legally valid claim. Mere conclusory allegations are not sufficient to meet this burden. See Kennedy v. State, 547 So. 2d 912 (Fla.1989…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dufour v. Mississippi, 469 U.S. 1230 (U.S. 1985)
- Lemon v. State, 456 So. 2d 885 (Fla. 1984)
- O'Callaghan v. State, 461 So. 2d 1354 (Fla. 1984)
- State v. Crews, 477 So. 2d 984 (Fla. 1985)