ANTHONY J. BRYANT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ANTHONY J. BRYANT, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
934 So. 2d 527
Florida District Court of Appeal, Third District (2005)
Caution
Cited by 10 cases
Opinion of the Court
PER CURIAM.
This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. On appeal from a summary denial, this court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).
Because the record now before us fails to make the required showing, we reverse the order and remand for an evidentiary hearing or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief.
Reversed and remanded for further proceedings.
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Hendricks v. State, 34 So. 3d 819 (Fla. 1st DCA 2010)…ed by the community, whether one secretly molests children or does not would not be openly exhibited to the community.” Alvelo, 769 So. 2d at 477. We agree with this statement, which was also embraced by the Third District in dicta in Russ v. State, 934 So. 2d 527, 532 (Fla. 3d DCA 2006). At issue in Russ was whether the trial court properly excluded evidence that the defendant had a reputation for non-violence and respect toward females, where he had been charged with lewd or lascivious exhibition and sexua…1 / 2
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Oliver v. State, 977 So. 2d 673 (Fla. 5th DCA 2008)…behaviors of child sex abuse victims. These were admissible to “properly aid a jury in assessing the veracity of a victim of child sexual abuse.” Id. They were also admissible'to rebut defense attacks on the victims’ credibility. See Russ v. State, 934 So. 2d 527, 530-31 (Fla. 3d DCA 2006). Admission of Oliver’s Prior Sexual Statements in the Presence of Children Before trial, the State filed a motion in limine to admit Oliver’s prior statements regarding sexual activity. In one instance, Oliver allegedly…
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Daniels v. State, 4 So. 3d 745 (Fla. 2d DCA 2009)…2d 1013, 1013-14 (Fla. 1st DCA 2004), describe the types of opinions that an expert may offer in a child sexual abuse case. However, these cases do not address the nature of the factual basis necessary to support the expert’s opinion. Russ v. State, 934 So. 2d 527, 531 (Fla. 3d DCA 2006), does not address the factual basis for the expert’s opinion offered in response to the defendant’s claim in that case that the child had fabricated her story. The defendant in Oliver v. State, 977 So. 2d 673, 677 (Fla. 5th D…
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