SHELBY L. HILL, APPELLANT,

v.

UNEMPLOYMENT APPEALS COMMISSION, ET AL., APPELLEES

Citator

Cited By

• Williams v. State, 717 So. 2d 1066 (Fla. 2d DCA 1998)
  …tigate a factual defense or a defense relying on the suppression of evidence, which results in the entry of an ill-advised plea of guilty, has long been held to constitute a facially sufficient attack upon the conviction. See Kelly [*1067] v. State, 712 So. 2d 780 (Fla. 2d DCA 1998), and Stanley v. State, 703 So. 2d 1156 (Fla. 2d DCA 1997) (holding that in the context of guilty pleas the appellants stated facially sufficient claims that counsel had overlooked defenses of voluntary intoxication). See also Fort…
• Sampson v. State, 751 So. 2d 602 (Fla. 2d DCA 1998)
  …sed on a failure to raise the intoxication defense, i.e., he was intoxicated when the crimes occurred, he told his attorney of his intoxication, and he gave his attorney a list of witnesses who could corroborate his intoxication. See Kelly v. State, 712 So. 2d 780 (Fla. 2d DCA 1998) (identifying factual allegations that support requiring an evidentiary hearing on voluntary intoxication claims); see also Wright v. State, 675 So. 2d 1009 (Fla. 2d DCA 1996). Sampson’s crimes also satisfy the criterion that they…
• Ramirez v. State, 822 So. 2d 593 (Fla. 2d DCA 2002)
  …se the issues in the prior motions.' Id. Foster, 614 So. 2d at 458. Therefore, based on the language in Foster, the trial court properly should [*594] have dismissed Ramirez’s ■ motion, -rather than denying it. Further, pursuant to Kelly v. State, 712 So. 2d 780 (Fla. 2d DCA 1998), the second motion was not a successive postconviction motion since Ramirez’s original motion only raised claims that his sentence was illegal. In Kelly, this court held that where a defendant’s first collateral motion merely atta…

Authorities Cited

• Corman v. Unemployment Appeals Commissions, 687 So. 2d 963 (Fla. 5th DCA 1997)