WOODROW WILSON ALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed summary denial of post-conviction relief motion alleging ineffective assistance of counsel for failure to introduce exculpatory fingerprint evidence, holding that detailed allegations must be accepted as true absent record evidence conclusively rebutting them.
Where a movant alleges ineffective assistance of counsel in a post-conviction relief motion and the allegations are sufficiently detailed, they must be accepted as true unless conclusively rebutted by the record, and summary denial without attaching record evidence is reversible error.
[1] In reviewing a post-conviction relief motion alleging ineffective assistance of counsel, a trial court must either conduct an evidentiary hearing or, if denying the motio…
Previewing 1 of 1 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“Where an evidentiary hearing has not been held, a movant's allegations in a motion for post-conviction relief must be accepted as true except to the extent that the allegations are conclusively rebutted by the record.”
Establishing the standard for evaluating post-conviction relief motions without an evidentiary hearing, citing Murphy v. State.
Allen filed a post-conviction relief motion under Florida Rule 3.850 alleging his trial attorney failed to introduce exculpatory fingerprint evidence.…
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MICKLE, Judge.
Allen appeals the summary denial of his motion for post-conviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. We reverse and remand.
In his motion, Allen alleged ineffective assistance of counsel in that his attorney failed to introduce exculpatory fingerprint evidence. Where an evidentiary hearing has not been held, a movant’s allegations in a motion for post-conviction relief must be accepted as true except to the extent that the allegations are conclusively rebutted by the record. Murphy v. State, 638 So. 2d 975 (Fla. 1st DCA 1994). The allegations in Allen’s motion are sufficiently detañed so that if they are true, he may have satisfied the requirements of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) to show ineffective assistance of counsel. We are unable to say that he has not met those requirements since the trial court did not attach any portion of the record to its order denying relief. Accordingly, we reverse the trial court’s order of denial and remand the case to the trial court. On remand, the trial court may either conduct an evidentiary hearing or again deny the motion and attach portions of the record which conclusively refute Allen’s claim.
REVERSED AND REMANDED.
ALLEN and KAHN, JJ., concur.
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Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Murphy v. State, 638 So. 2d 975 (Fla. 1st DCA 1994)