LIVINGSTON JARROD WINTERS
v.
STATE OF FLORIDA
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A defendant who files a timely but insufficient motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 is entitled to amend the insufficient grounds if he can do so in good faith.
[1] A defendant who files a timely Rule 3.850 motion for postconviction relief that is insufficient on its face is entitled to amend the insufficient grounds if the amendment…
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Join FLexlaw to unlock all legal intelligenceLivingston Jarrod Winters appealed the summary denial of his Rule 3.850 motion for postconviction relief, raising four grounds. Winters abandoned grou…
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PER CURIAM.
Livingston Jarrod Winters appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds Three and Four, which Winters abandoned
2
on appeal. See Ward v. State, 19 So. 3d 1060, 1060 (Fla. 5th DCA 2009) (en banc). We reverse, however, on Grounds One and Two because Winters filed a timely but insufficient motion. He is therefore entitled to amend these grounds, if he can do so in good faith. See Fla. R. Crim. P. 3.850(f)(2); see also Spera v. State, 971 So. 2d 754, 761 (Fla. 2007). We remand with instructions for the postconviction court to allow Winters sixty days to amend Grounds One and Two.
AFFIRMED in part, REVERSED in part, and REMANDED. LAMBERT, C.J., TRAVER and NARDELLA, JJ., concur.
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Livingston Jarrod Winters v. State, 322 So. 3d 25 (Fla. 5th DCA 2022)
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Lavell Nixon v. State (Fla. 3d DCA 2025)…the juror was biased against the defendant, and the evidence of bias must be plain on the face of the record.” Id. And “[i]n cases governed by Carratelli, ‘the record’ is the record of the voir dire conducted for jury selection.” Martin v. State, 322 So. 3d 25, 36 (Fla. 2021). This is because “[a] Carratelli claim requires the postconviction court to measure counsel’s performance in light of what the attorney heard from potential jurors during voir dire.” Id. The juror’s bias, moreover, must be clear.…
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Drinkard v. State (Fla. 1st DCA 2026)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963)
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Ward v. State, 19 So. 3d 1060 (Fla. 5th DCA 2009)
- Rivera v. State, 995 So. 2d 191 (Fla. 2008)
- Guzman-Aviles v. State, 226 So. 3d 339 (Fla. 5th DCA 2017)
- Livingston Jarrod Winters v. State, 322 So. 3d 25 (Fla. 5th DCA 2022)