IN RE JOHN MIDDLETON, PETITIONER.

U.S. | 2014-07-16
No. 14–5247 14A55.
135 S. Ct. 15 Supreme Court of the United States (2014) Positive Treatment
Also reported at: 189 L. Ed. 2d 867
Cited by 8 cases

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  • Tai A. Pham v. State, 177 So. 3d 955 (Fla. 2015)
    …a petition for a writ of habeas corpus. ANALYSIS First, regarding the circuit court’s summary denial of some of Pham’s claims on appeal, we review de novo. See Davis v. State, 142 So. 3d 867, 875 (Fla.) (citation omitted), cert. denied, — U.S. -, 135 S.Ct. 15, 189 L.Ed.2d 867 (2014). The summary denial of a postconviction claim will be upheld if the motion is legally insufficient or its allegations are conclusively refuted by the record. Id.; see also Rutherford v. State, 926 So. 2d 1100, 1108 (Fla.2006)…
  • Twilegar v. State, 175 So. 3d 242 (Fla. 2015)
    …l counsel during jury selection. ANALYSIS First, regarding the circuit court’s summary denial of Twilegar’s third and fourth claims on appeal, we review de novo. See Davis v. State, 142 So. 3d 867, 875 (Fla.), cert. denied, - U.S. -, 135 S.Ct. 15, 189 L.Ed.2d 867 (2014). The summary denial of a postconviction claim will be upheld if the motion is legally insufficient or its allegations are conclusively refuted by the record. Id. After a review of the pleadings and record, we find that the circuit court prope…

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