DOUGLAS GRIGGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Douglas Griggs appealed the trial court's summary denial of his Rule 3.850 motion for postconviction relief raising nine grounds. The appellate court affirmed the trial court's denial of seven grounds but reversed and remanded two grounds (ineffective assistance of counsel claims) because they were facially insufficient but not conclusively refuted by the record, allowing amendment.
The court affirmed the denial of grounds one, three, five through nine, but reversed and remanded grounds two and four because they were facially insufficient but not conclusively refuted by the record, requiring the trial court to allow amendment rather than summary denial.
[1] A defendant alleging ineffective assistance of counsel for failure to depose witnesses must allege with particularity what the witnesses would have said and how their tes…
[2] A postconviction court should allow a defendant an opportunity to amend a facially insufficient claim of ineffective assistance of counsel to state a sufficient claim.
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Join FLexlaw to unlock all legal intelligence“In order to raise a legally sufficient claim of ineffective assistance of counsel, a defendant must allege 'specific facts that are not conclusively rebutted by the record and which demonstrate a deficiency in performance that prejudiced the defendant.'”
Establishes the legal standard for stating an ineffective assistance of counsel claim under Florida law
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Join FLexlaw to unlock all legal intelligenceDouglas Griggs filed a postconviction motion raising nine grounds for relief under Florida Rule of Criminal Procedure 3.850. Ground two alleged his co…
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PER CURIAM.
Douglas Griggs, Appellant, seeks review of the trial court’s order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant raised nine grounds for postconviction relief. We af firm as to grounds one, three, five, six, seven, eight, and nine without further discussion. As to grounds two and four, we reverse and remand.
We review the summary denial of claims for postconviction relief to determine whether the claims are legally sufficient and whether they are conclusively refuted by the record. See Wright v. State, 646 So. 2d 811, 812 (Fla. 1st DCA 1994). In order to raise a legally sufficient claim of ineffective assistance of counsel, a defendant must allege “specific facts that are not conclusively rebutted by the record and which demonstrate a deficiency in performance that prejudiced the defendant.” Jones v. State, 845 So. 2d 55, 65 (Fla.2003). If a defendant files a facially insufficient motion for postconviction relief under rule 3.850, he should be permitted to amend it, unless it is clear that a good faith amendment will not cure the deficiency. Spera v. State, 971 So. 2d 754, 759 (Fla.2007).
Appellant claimed in ground two that his counsel was ineffective for failing to move for a continuance after admitting during a Nelson1 hearing that he was unprepared to try the case. In ground four, Appellant alleged that his counsel was ineffective for failing to argue that a key witness lied under oath and in' failing to depose that witness prior to trial. The trial court denied these grounds due to pleading deficiencies and on the merits. We are unable to determine from the limited record whether the trial court’s denial on the merits was proper. In accordance with Spera, 971 So. 2d at 759, because grounds two and four are facially insufficient and not conclusively refuted by the record, we reverse and remand for the trial court to grant Appellant leave to amend grounds two and four within a reasonable period of time.
AFFIRMED in part, REVERSED in part, and REMANDED with directions.
WOLF, LEWIS, and ROBERTS, JJ., concur. . Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973).
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Watson v. State, 34 So. 3d 806 (Fla. 2d DCA 2010)…The postconviction court may only summarily dispose of a claim in a rule 3.850 motion if it has determined either that the claim is facially insufficient or that it is refuted by the record as supported by record attachments.2 See Griggs v. State, 995 So. 2d 994, 995 (Fla. 1st DCA 2008) (“We review the summary denial of claims for postconviction relief to determine whether the claims are legally sufficient and whether they are conclusively refuted by the record.”). Here, however, the court never addressed c…
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Drakus v. State, 219 So. 3d 979 (Fla. 1st DCA 2017)…und 1. We affirm the denial of the remaining claims. “We review the summary denial of claims for postconviction relief to determine whether the claims are legally sufficient and whether they are conclusively refuted by the record.” Griggs v. State, 995 So. 2d 994, 995 (Fla. 1st DCA 2008). In ground 1 of his motion, appellant alleged that counsel was ineffective for advising him to reject a 15-year plea offer because counsel was certain that a newly assigned prosecutor would offer a better deal. However, the…
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Hanania v. State, 264 So. 3d 317 (Fla. 2d DCA 2019)
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973)
- Jones v. State, 845 So. 2d 55 (Fla. 2003)
- Wright v. State, 646 So. 2d 811 (Fla. 1st DCA 1994)