DARIEN PEARSALL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hampton v. State, 924 So. 2d 34 (Fla. 3d DCA 2006)
  …District takes the position that even if all of the relevant record custodians file affidavits stating that testable material no longer exists, an evidentiary hearing is required and the motion cannot be disposed of summarily. See Zollman v. State, 854 So. 2d 775, 776 (Fla. 2d DCA 2003). We need not reach that issue in this case, because the State failed to make inquiry of a relevant custodian, the Crime Lab. . Naturally the possibility of a contributor through consensual intercourse would need to be consid…
• Delidle v. State, 866 So. 2d 748 (Fla. 5th DCA 2004)
  …THOMPSON, J. Arthur C. Delidle appeals the summary denial of this motion -for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.853. Relying upon Zollman v. State, 854 So. 2d 775 (Fla. 2d DCA 2003) and Borland v. State, 848 So. 2d 1288 (Fla. 2d DCA 2003),. Delidle argues the trial court should have afforded him an evidentiary hearing to determine if DNA evidence existed. We disagree and affirm. In 1992, Delidle entered ple…
• Caymitte v. State, 868 So. 2d 681 (Fla. 4th DCA 2004)
  …Criminal Procedure 3.853. We reverse and remand for further proceedings upon finding Caymitte’s motion legally sufficient and warranting a hearing to determine if DNA evidence existed. Hitchcock v. State, 866 So. 2d 23 (Fla.2004); Zollman v. State, 854 So. 2d 775 (Fla. 2d DCA 2003). STONE, KLEIN and MAY, JJ., concur.…