JAMES MAXWELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Borland v. State, 848 So. 2d 1288 (Fla. 2d DCA 2003)
  …tory to the allegations sworn as true by the movant. As such, it would be subject to confrontation at an evidentiary hearing.” Clark, 662 So. 2d at 730; accord Cintron v. State, 508 So. 2d 1315, 1316 (Fla. 2d DCA 1987); see also Youngblood v. State, 261 So. 2d 867, 867-68 (Fla. 2d DCA 1972) (holding that the trial court could not deny an evidentiary hearing on a claim of ineffective assistance of counsel based on the strength of a countervailing affidavit from the defendant’s attorney). If the trial court de…
• Shaffner v. State, 562 So. 2d 430 (Fla. 1st DCA 1990)
  …tion which indicated that appellant was not entitled to relief, it was not part of the file and record in the case. See Robinson v. State, 516 So. 2d 20 (Fla. 1st DCA 1987); McCorkle v. State, 419 So. 2d 373 (Fla. 1st DCA 1982); Youngblood v. State, 261 So. 2d 867 (Fla. 2nd DCA 1972). Nevertheless, the order denying the motion is affirmable for another reason. The motion was facially insufficient. Even assuming that a prisoner is entitled to relief under Rule 3.850 where his attorney makes a misstatement of…
• Cintron v. State, 504 So. 2d 795 (Fla. 2d DCA 1987)
  …d records of the case conclusively show that the prisoner is entitled to no relief.” The phrase “files and records,” as employed in the rule, has been interpreted as excluding matters dehors the official court record. See, e.g., Youngblood v. State, 261 So. 2d 867 (Fla. 2d DCA 1972); Williams v. State, 163 So. 2d 767 (Fla. 2d DCA 1964). In Sampson v. State, 158 So. 2d 771 (Fla. 2d DCA 1963), the trial court attached to its order certain items apparently submitted ex parte in response to the motion but which w…

Authorities Cited

• Coy Kelly v. State, 202 So. 2d 901 (Fla. 2d DCA 1967)