JEREMY RYAN HAGAN
v.
STATE OF FLORIDA
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.
A defendant is entitled to an evidentiary hearing on a postconviction relief motion unless the motion, files, and records conclusively show no relief is warranted or the motion is legally insufficient.
[1] A defendant is entitled to an evidentiary hearing on a postconviction relief motion unless the motion, files, and records in the case conclusively show that the prisoner…
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's statement of the legal standard for postconviction relief motions, citing Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000)
Jeremy Ryan Hagan filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. The circuit court summarily denied th…
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.
Explore caselaw by topic → Browse Evidentiary Hearing Standard cases and more on FLexlaw
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
JEREMY RYAN HAGAN,
Appellant,
v. Case No. 5D19-2659
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed June 5, 2020
3.850 Appeal from the Circuit Court for Orange County, Jenifer M. Harris, Judge.
Jeremy R. Hagan, Crawfordville, pro se.
Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Jeremy Ryan Hagan appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to all grounds except Ground One. As to that ground, we reverse the summary denial and remand for attachment of portions of the record refuting that claim or for an evidentiary hearing. See Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000) (“[A] defendant is
2 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.”).
AFFIRMED in part, REVERSED in part, and REMANDED.
ORFINGER, HARRIS and GROSSHANS, JJ., concur.