PATRICK KELLY ARMBRUSTER, FORMER HUSBAND, APPELLANT,

v.

CANDACE COOLEY, WIFE, APPELLEE

Citator

Cited By

• Black v. State, 230 So. 3d 166 (Fla. 5th DCA 2017)
  …evaluated Snead’s credibility. Generally, an evidentiary hearing is required to assess the reliability and credibility of allegations in an affidavit attached to a motion for post-conviction relief.. See McKinnon, 221 So. 3d at 1241; Cueto v. State, 88 So. 3d 1064, 1068 (Fla. 3d DCA 2012); Barrow v. State, 940 So. 2d 1235, 1236 (Fla. 5th DCA 2006). Third, the defendant’s claim cannot be denied on lack of prejudice grounds. The post-conviction court attached excerpts of the trial testimony of the victim, two…
• Errico v. State, 121 So. 3d 651 (Fla. 4th DCA 2013)
  …of the jury, a new trial is required.” Craig [*652] v. State, 685 So. 2d 1224, 1226 (Fla.1996) (citation omitted); see also Butler v. State, 946 So. 2d 30, 31 (Fla. 2d DCA 2006); Davis v. State, 31 So. 3d 277, 278 (Fla. 2d DCA 2010); Cueto v. State, 88 So. 3d 1064, 1067 (Fla. 3d DCA 2012). We affirm the circuit court’s ruling on all other issues raised in appellant’s motion. Affirmed in part, reversed in part, and remanded. DAMOORGIAN, C.J., GROSS and GERBER, JJ., concur.…

Authorities Cited

• Raysor v. Raysor, 706 So. 2d 400 (Fla. 1st DCA 1998)