TAVARUS LIGHTSEY
v.
STATE OF FLORIDA
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Tavarus Lightsey appeals the trial court's summary denial of his amended post-conviction relief motion under Florida Rule of Criminal Procedure 3.850. The appellate court affirmed the denial, finding that all of Lightsey's claims were either facially insufficient, conclusively refuted by the record, or procedurally barred.
The court affirmed the summary denial, finding that all of Lightsey's claims were either facially insufficient, conclusively refuted by the record, or procedurally barred.
[1] A trial court's summary denial of a motion for post-conviction relief is affirmed if the claims are facially insufficient, conclusively refuted by the record, or procedur…
[2] To prove ineffective assistance of counsel, a petitioner must demonstrate both that counsel's performance was deficient and that the deficiency caused prejudice.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To affirm a trial court's summary denial, the claims must be either facially insufficient, conclusively refuted by the record, or procedurally barred.”
Establishes the standard for reviewing summary denial of post-conviction relief motions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLightsey filed an amended motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. The trial court summarily denied the motio…
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Third District Court of Appeal State of Florida Opinion filed February 11, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-0883 Lower Tribunal Nos. F07-342, F07-506, F07-2179
Tavarus Lightsey, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Richard Hersch, Judge.
Tavarus Lightsey, in proper person.
James Uthmeier, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.
Before SCALES, C.J., and EMAS and GOODEN, JJ.
PER CURIAM.
Appellant Tavarus Lightsey appeals the trial court's summary denial of his amended motion for post-conviction relief filed under Florida Rule of Criminal Procedure 3.850. To affirm a trial court's summary denial, the claims must be either facially insufficient, conclusively refuted by the record, or procedurally barred. Foster v. State, 810 So. 2d 910, 914 (Fla. 2002). Finding that all Lightsey's claims fit squarely in these three categories, we affirm. See Suggs v. State, 923 So. 2d 419, 429 (Fla. 2005) (“In order to prove ineffective assistance of counsel, a petitioner must demonstrate both that counsel's performance was deficient and that the deficiency caused prejudice."); see also Jones v. State, 845 So. 2d 55, 64 (Fla. 2003) ("Postconviction relief cannot be based on speculative assertions."); Smith v. State, 445 So. 2d 323, 325 (Fla. 1983) (“Issues which either were or could have been litigated at trial and upon direct appeal are not cognizable through collateral attack."). Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jones v. State, 845 So. 2d 55 (Fla. 2003)
- Foster v. State, 810 So. 2d 910 (Fla. 2002)
- Smith v. State, 445 So. 2d 323 (Fla. 1983)
- Suggs v. State, 923 So. 2d 419 (Fla. 2005)