MICHAEL GRADY & FRATERNAL ORDER, ETC., APPELLANT,

v.

CITY OF ORLANDO, ETC., ET AL., APPELLEE

Citator

Cited By

• Rogers v. State, 844 So. 2d 728 (Fla. 5th DCA 2003)
  …1285, 84 L.Ed.2d 222 (1985); Perez v. State, 781 So. 2d 1178 (Fla. 3d DCA), review denied, 796 So. 2d 537 (Fla.2001); State v. Nash, 718 So. 2d 269 (Fla. 5th DCA 1998); State v. Polanco, 658 So. 2d 1123 (Fla. 3d DCA 1995); see also Haynes v. State, 729 So. 2d 498 (Fla. 1st DCA 1999). Therefore, it appears that the motion and order of suppression, [*736] although not explicitly stating so, were based on both Miranda violations and involuntariness. . Clary v. State, 818 So. 2d 686 (Fla. 5th DCA 2002). . Will…
• Broderick Mongo v. State, 846 So. 2d 613 (Fla. 1st DCA 2003)
  …e known that Judge Smith was not going to be imposing the sentence for the court.” This falls short. The motion contains no well-pleaded allegation that the plea was not given freely or knowingly. Taking what is alleged as true, see Haynes v. State, 729 So. 2d 498, 499 (Fla. 1st DCA 1999) (“[T]he reviewing court must assume the truth of the allegations set forth in the motion and determine from that premise whether the prisoner has presented a pri-ma facie claim for relief.”), the defendant’s unwarranted assu…
• WAY v. State, 41 So. 3d 425 (Fla. 1st DCA 2010)
  …elated charge in a neighboring county, and permitted the state to refer to that charge in closing argument as well. This claim was also facially sufficient, see generally Pomposello v. State, 940 So. 2d 500, 501 (Fla. 5th DCA 2006); Haynes v. State, 729 So. 2d 498, 500-01 (Fla. 1st DCA 1999); Johnson v. State, 611 So. 2d 88, 89 (Fla. 2d DCA 1992), and not conclusively refuted by the portions of the record attached by the trial court to its order. Accordingly, the trial court also erred when it summarily denie…

Authorities Cited

• Schweiker v. Edwards, 459 U.S. 1200 (U.S. 1983)
• Am. Postal Workers Union, AFL-CIO v. United States Postal Serv., 459 U.S. 1200 (U.S. 1983)
• Am. Postal Workers Union AFL-CIO v. United States Postal Serv., 682 F.2d 1280 (9th Cir. 1982)