JARVIS ELMORE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-02-14
No. 19-1509
Kest, J., Evander, C.J., Orfinger, J., Harris, J.
Florida District Court of Appeal, Fifth District (2020)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

A postconviction claim of ineffective assistance of counsel for failing to call a witness must be denied on summary judgment only if the claim is inadequately pleaded; if the defendant adequately alleges the witness's identity, substance of testimony, availability, and prejudice, the claim must proceed to an evidentiary hearing.


Headnotes

[1] A postconviction claim of ineffective assistance of counsel for failure to call a witness must proceed to an evidentiary hearing if the defendant adequately alleges the p…

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

Key Quotes

“Because this claim was adequately pled, the trial court erred in its summary denial.”

Court's explanation for reversing the summary denial of Ground Two

Facts & Procedural History

Jarvis Elmore appealed the denial of his amended motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. In Ground Two, Elmor…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
Remanded. Evander

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

JARVIS ELMORE,

Appellant,

v. Case No. 5D19-1509

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed February 14, 2020

3.850 Appeal from the Circuit Court for Orange County, John Kest, Judge.

James S. Purdy, Public Defender, and Craig R. Atack, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Jarvis Elmore appeals the denial of his amended motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm, without further discussion, the postconviction court’s denial of all grounds except Ground Two (formerly

2 Ground Sub-A) of Elmore’s amended rule 3.850 motion. As to that single claim, we reverse. In Ground Two, Elmore alleged that trial counsel was ineffective for failing to call a witness. In his amended motion, he adequately alleged: (1) the identity of the prospective witness; (2) the substance of the witness’s testimony; (3) the availability of the witness to testify at trial; and (4) an explanation concerning how this omission prejudiced the outcome of the trial. See Brumfield v. State, 259 So. 3d 986, 986 (Fla. 5th DCA 2018) (citing Nelson v. State, 875 So. 2d 579, 582-83 (Fla. 2004)). Because this claim was adequately pled, the trial court erred in its summary denial. Accordingly, we reverse the summary denial of Ground Two of Elmore’s amended rule 3.850 motion and remand for an evidentiary hearing or for the attachment of additional records that conclusively refute the claim.

AFFIRMED in part; REVERSED in part; and REMANDED.

EVANDER, C.J., ORFINGER and HARRIS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw