CHARLES SMITH III
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-07-16
No. 18-3907
275 So. 3d 843 Florida District Court of Appeal, First District (2019) Positive Treatment
Cited by 1 case

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 Brady violation claim and a claim of ineffective assistance of counsel for failure to seek suppression of witness testimony are cognizable in postconviction motions and entitle the appellant to an evidentiary hearing when the trial court's attachments do not conclusively refute the legally sufficient allegations.


Headnotes

[1] A Brady violation claim is cognizable in a postconviction motion under Rule 3.850.

[2] Failure to seek suppression of witness testimony may constitute ineffective assistance of counsel cognizable in a postconviction motion.

Previewing 2 of 3 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

Facts & Procedural History

Charles Smith III filed a postconviction motion raising a Brady violation and ineffective assistance of counsel for failure to seek suppression of wit…

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

trial court attached record excerpts to its order, these attachments do not conclusively refute the legally sufficient claims made in grounds one and three of the motion. Accordingly, Smith is entitled to an evidentiary hearing on these claims. Fla. R. Crim. P. 3.850; see Freeman v. State, 761 So. 2d 1055 (Fla. 2000).

The order denying relief is VACATED, and the cause is REMANDED for further proceedings.

WOLF and OSTERHAUS, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw