ALBERT L. HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALBERT L. HALL, APPELLANT,
STATE OF FLORIDA, APPELLEE
11 So. 3d 1002
Florida District Court of Appeal, Fourth District (2009)
Positive Treatment
Cited by 2 cases
Opinion of the Court
We affirm the trial court’s order summarily denying appellant Albert L. Hall’s amended motion for postconviction relief. As to his second ground for relief, based on “newly discovered evidence” in the form of an unsworn affidavit or letter of a purported eyewitness, we affirm without prejudice. Appellant may file a second amended rule 3.850 motion within thirty days of the date of issuance of this court’s mandate, with a sworn affidavit or letter from the eyewitness Kenya Shaw which does not contain any disclaimer that the information in it is true and correct to the best of his information or belief. Moss v. State, 943 So.2d 946 (Fla. 4th DCA 2006); Brooks v. State, 972 So.2d 958 (Fla. 5th DCA 2007).
WARNER, TAYLOR and CIKLIN, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fletcher v. State, 53 So. 3d 1249 (Fla. 4th DCA 2011)…ath, on remand the trial court should strike the motion with leave to refile the motion with a properly sworn affidavit, within a reasonable time period, pursuant to Spera. Compare Moss v. State, 943 So. 2d 946 (Fla. 4th DCA 2006) and Hall v. State, 11 So. 3d 1002 (Fla. 4th DCA 2009) Reversed and Remanded. GROSS, C.J., DAMOORGIAN and LEVINE, JJ., concur. . Voluntary intoxication was a recognized defense at the time. See § 775.051, Fla. Stat. (2010) (abolishing voluntary intoxication defense effective Oct.…
Authorities Cited
- Moss v. State, 943 So. 2d 946 (Fla. 4th DCA 2006)
- Bryant Shawn Brooks v. State, 972 So. 2d 958 (Fla. 5th DCA 2007)
- State v. Cook, 972 So. 2d 958 (Fla. 5th DCA 2007)