ERIC LAVERNE MCDADE
v.
THE STATE OF FLORIDA
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The postconviction court's denial of relief was affirmed because its findings of fact were supported by competent, substantial evidence.
[1] On review of an order denying a postconviction motion following an evidentiary hearing, appellate courts defer to the postconviction court's credibility determinations an…
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Join FLexlaw to unlock all legal intelligenceMcDade filed a postconviction relief motion that was denied following an evidentiary hearing.…
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PER CURIAM.
Affirmed. See Forbes v. State, 269 So. 3d 677, 679 (Fla. 3d DCA 2019) (“Following an evidentiary hearing, we review the denial of a motion for postconviction relief to determine whether competent, substantial evidence supports the postconviction court's findings of fact”) (citing Mosley
v. State, 209 So. 3d 1248, 1262 (Fla. 2016)); Floyd v. State, 299 So. 3d 594,
596 (Fla. 2d DCA 2020) (“On review of an order denying a postconviction motion following an evidentiary hearing, we defer to the postconviction court's credibility determinations and findings of fact that are supported by competent substantial evidence.”)
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Citator
Cited By
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State v. Morris (Fla. 3d DCA 2026)
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State v. Morris (Fla. 3d DCA 2026)
Authorities Cited
- Mosley v. State, 209 So. 3d 1248 (Fla. 2016)
- Forbes v. State, 269 So. 3d 677 (Fla. 2d DCA 2019)
- Floyd v. State, 269 So. 3d 511 (Fla. 1st DCA 2019)