LOUIS BRADSHAW
v.
STATE OF FLORIDA
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A trial court's summary denial of a 3.850 postconviction relief motion is proper when the claims are either facially invalid or conclusively refuted by the record.
[1] A trial court may summarily deny a postconviction relief motion under Florida Rule of Criminal Procedure 3.850 when the claims are either facially invalid or conclusively…
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Join FLexlaw to unlock all legal intelligence“To uphold the trial court's summary denial of claims raised in a 3.850 motion, the claims must be either facially invalid or conclusively refuted by the record.”
Standard for reviewing summary denial of postconviction relief motions
Louis Bradshaw appealed a summary denial of his postconviction relief motion filed in the Circuit Court for Miami-Dade County. The motion raised claim…
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Third District Court of Appeal State of Florida
Opinion filed May 27, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D26-0046 Lower Tribunal No. F09-8184A
Louis Bradshaw, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Miguel M. de la O, Judge.
Louis Bradshaw, in proper person.
James Uthmeier, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.
Before MILLER, LOBREE and BOKOR, JJ.
PER CURIAM.
Affirmed. See Peede v. State, 748 So. 2d 253, 257 (Fla. 1999) (“To uphold the trial court's summary denial of claims raised in a 3.850 motion, the claims must be either facially invalid or conclusively refuted by the record." (citing Fla. R. Crim. P. 3.850(d))); see also Bradshaw v. State, 367 So. 3d 1285, 1285 (Fla. 3d DCA 2023) (affirming denial of motion for postconviction relief raising identical claims).