LINDEL RAY DAVIDSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
LINDEL RAY DAVIDSON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
638 So. 2d 626
Florida District Court of Appeal, Third District (1994)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
As the purported recantation testimony is neither sworn nor particularized, and there is no showing how (if at all) the claimed recantation would have affected the trial, the trial court was entirely correct in denying the motion for postconviction relief as facially insufficient.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Moss v. State, 943 So. 2d 946 (Fla. 4th DCA 2006)…identia-ry hearing is “usually required to make that determination,” summary denial is authorized where “the purported recantation testimony is neither sworn nor particularized.” See Robinson, 736 So. 2d at 93 (citations omitted); Davidson v. State, 638 So. 2d 626 (Fla. 3d DCA 1994) (unsworn recantation). In the instant case, the victim’s letter does not contain any attestation that the recantation is made under oath. The letter does include what appears to be a notary’s stamp, but the language contained the…
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Moran v. State, 651 So. 2d 834 (Fla. 5th DCA 1995)…PER CURIAM. AFFIRMED. See Davidson v. State, 638 So. 2d 626 (Fla. 3d DCA 1994). W. SHARP, GOSHORN and GRIFFIN, JJ., concur.…
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Rolle v. State, 56 So. 3d 111 (Fla. 3d DCA 2011)…2d 93 (Fla. 4th DCA 1999) (holding that while an evidentiary hearing is “usually required to make that determination,” summary denial is authorized where “the purported recantation testimony is neither sworn nor particularized”); Davidson v. State, 638 So. 2d 626 (Fla. 3d DCA 1994) (unsworn recantation). Rolle’s present motion raised the same claim, but this time the victim’s amended affidavit did contain the required language and was made under oath. The trial court denied this petition not on the merits,…