FREDDY DWANE WADDELL
v.
STATE OF FLORIDA
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A defendant is entitled to an evidentiary hearing on a postconviction relief motion when the record does not conclusively refute the defendant's allegations.
[1] A trial court's summary denial of a postconviction relief motion is reversible when the court asserts that the record does not support the defendant's allegations but fai…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
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.”
Court citing Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000) to establish the standard for postconviction relief hearings.
Waddell appealed the summary denial of his amended motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, claiming his trial…
The full statement of facts, procedural history, and disposition for this case are member content.
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
FREDDY DWANE WADDELL,
Appellant,
v. Case No. 5D18-3373
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed March 15, 2019
3.850 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.
Freddy Dwane Waddell, Crawfordville, pro se.
Ashley Moody, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Freddy Dwane Waddell appeals the summary denial of his amended motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850, wherein he alleged his trial counsel was ineffective for failing to file a motion to disqualify the trial court on the basis that the trial court had prejudged his case. Specifically, Waddell
2 claimed that the trial court informed him at a pretrial hearing, during which he rejected the State's plea deal, that if he proceeded to trial and lost, he would receive the maximum sentence. According to Waddell, those words proved prophetic. In denying the Motion, the trial court stated, "[a] review of the records shows no such statements made by the Court." The trial court, however, declined to share those records with us. Accordingly, because the record does not conclusively refute Waddell’s claim, we reverse the summary denial and remand for attachment of portions of the record conclusively refuting his claim or for an evidentiary hearing. 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))). REVERSED and REMANDED. COHEN, BERGER and EDWARDS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Freeman v. State, 761 So. 2d 1055 (Fla. 2000)
- Krishna Maharaj v. State, 684 So. 2d 726 (Fla. 1996)