KERMIT L. MILLER, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Smith v. State, 988 So. 2d 693 (Fla. 2d DCA 2008)
  …laim that counsel did not investigate and interview a witness. Nevertheless, we remand this case to allow the postconviction court to address the remaining issues raised in amendment three that were not the subject of a ruling. See Calzada v. State, 934 So. 2d 541, 542 (Fla. 3d DCA 2006). Affirmed in part, reversed in part, and remanded with directions. CASANUEVA and CANADY, JJ„ Concur.…
• Murphy v. State, 24 So. 3d 1220 (Fla. 2d DCA 2009)
  …as false and misleading. The postconviction court did not rule on this claim. Accordingly, we reverse and remand to allow the postconviction court to consider the claim. See Kafus v. State, 933 So. 2d 1267, 1267 (Fla. 2d DCA 2006); Calzada v. State, 934 So. 2d 541, 542 (Fla. 3d DCA 2006). V. CONCLUSION For these reasons, we reverse the post-conviction court’s summary denial of Mr. Murphy’s rule 3.850 motion and remand for further proceedings consistent with this opinion. Reversed and remanded. KHOUZAM and…
• Rivera v. State, 1 So. 3d 1158 (Fla. 2d DCA 2009)
  …im that his trial counsel was ineffective for failing to explain the circumstances of his arrest. Therefore, we also remand this case to allow the postconviction court to address this issue that was not the subject of a ruling. See Calzada v. State, 934 So. 2d 541, 542 (Fla. 3d DCA 2006). Affirmed in part, reversed in part, and remanded with instructions. CASANUEVA and KHOUZAM, JJ., Concur. . In his postconviction motion, Mr. Rivera did not allege directly that the victim had consented to the sexual activi…

Authorities Cited

• Davis v. State, 589 So. 2d 896 (Fla. 1991)