PARIS D. EVANS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Paris Evans appealed the summary denial of his Rule 3.850 postconviction motion claiming ineffective assistance of counsel. The court affirmed the denial of two grounds but reversed as to the claim that counsel failed to investigate and call an alibi witness, finding the record did not conclusively refute this claim and remanding for an evidentiary hearing.
The court affirmed the summary denial of Grounds One and Three, but reversed the summary denial of Ground Two concerning the alleged failure to call an alibi witness. An evidentiary hearing is required because the record did not conclusively refute Evans' ineffective assistance claim, and summary denial is inappropriate when assessing credibility of new testimony or trial strategy decisions.
[1] A motion for postconviction relief must be granted an evidentiary hearing unless the motion, files, and records conclusively show the prisoner is entitled to no relief.
[2] Summary denial of a postconviction relief motion is rarely appropriate when the court needs to assess the credibility of new testimony.
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Join FLexlaw to unlock all legal intelligence“a defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.”
Establishes the standard for when an evidentiary hearing is required on postconviction relief motions.
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Join FLexlaw to unlock all legal intelligenceEvans filed a postconviction relief motion under Florida Rule of Criminal Procedure 3.850 raising three grounds for ineffective assistance of counsel.…
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Paris D. Evans appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds One and Three. However, because the record does not conclusively refute Evans’ claim that counsel was ineffective for failing to investigate and call Carmen G. Leite as an alibi witness at trial, we reverse the summary denial of Ground Two and remand for attachment of those portions of the record conclusively refuting that claim or for an evidentiary hearing.1 See Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.” (citing Maharaj v. State, 684 So.2d 726 (Fla. 1996))).
AFFIRMED in part, REVERSED in part, and REMANDED.
PALMER, TORPY and BERGER, JJ., concur.
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Klaus v. State, 236 So. 3d 483 (Fla. 5th DCA 2018)
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Feliz Castro v. State, 240 So. 3d 877 (Fla. 5th DCA 2018)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Freeman v. State, 761 So. 2d 1055 (Fla. 2000)
- Krishna Maharaj v. State, 684 So. 2d 726 (Fla. 1996)
- Alwin J. Jacobs v. State, 880 So. 2d 548 (Fla. 2004)
- Guisasola v. State, 667 So. 2d 248 (Fla. 1st DCA 1995)
- Murrah v. State, 773 So. 2d 622 (Fla. 1st DCA 2000)
- Jerail Leron LAW v. State, 847 So. 2d 599 (Fla. 5th DCA 2003)
- Evans v. State, 737 So. 2d 1167 (Fla. 2d DCA 1999)