RAMONA TAVIA
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2021-06-23
No. 21-0889
Raum
Florida District Court of Appeal, Third District (2021) Positive Treatment
Cited by 2 cases

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

Under Florida Rule of Criminal Procedure 3.800(a), the defendant bears the burden of demonstrating entitlement to relief on the face of the record without requiring an evidentiary hearing.


Headnotes

[1] Under Florida Rule of Criminal Procedure 3.800(a), the burden is on the defendant to demonstrate entitlement to relief on the face of the record without an evidentiary he…

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

Facts & Procedural History

Ramona Tavia appealed a trial court decision regarding a Rule 3.800(a) motion. The case involves the allocation of burden of proof in post-conviction …

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

PER CURIAM.

Affirmed. See Johnson v. State, 60 So. 3d 1045 (Fla. 2011) (recognizing that under rule 3.800(a) the burden is on the defendant to demonstrate an entitlement to relief on the face of the record and that, accordingly, the State has no burden to establish that the defendant is not entitled to relief) (citing Williams v. State, 957 So. 2d 600 (Fla. 2007) (holding that under rule 3.800(a) the burden is on the defendant to demonstrate an entitlement to relief on the face of the record and without an evidentiary hearing)).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Rodgers v. Commissioner OF Internal Revenue, 241 F.2d 552 (8th Cir. 1957)
    …heir identity as ordinary personal expenses and acquire deductibility as amounts claimed primarily for the prevention or alleviation of disease”. See also Havey v. Commissioner, 12 T.C. 409; Dobkin v. Commissioner, 15 T.C. 886; Ochs v. Commissioner, 17 T.C. 130, affirmed 2 Cir., 195 F. 2d 692, 37 A.L.R.2d 545; Hoffman v. Commissioner, 17 T.C. 1380. S.Rep. No. 1631, 77th Cong., 2d Sess. pp. 95-96 (1942-2 Cum.Bull. 504, 576-577) pointed out as to the statute that “It is not intended * * * that a deduction s…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw