GERALD WILLIAM DICKERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
On the basis of our review of the briefs and record on appeal, we are of the opinion that the motion for post-conviction relief contains sufficient allegations to entitle appellant to an evidentiary hearing under Rule 3.850, FRCrP, 33 F.S.A., on the issue of insanity at the time of trial, as such allegation is not conclusively refuted by the record. Blackman v. State, 256 So. 2d 18 (Fla.App.1971). See also Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Cf. Fast v. State, 221 So. 2d 203 (Fla.App.1969);. Estrella v. State, 215 So. 2d 489 (Fla.App.1968); Thomas v. State, 210 So. 2d 488 (Fla.App.1968); Estevez v. State, 206 So. 2d 697 (Fla.App. 1968); Marti v. State, 163 So. 2d 506 (Fla.App.1964); and Sampson v. State, 158 So. 2d 771 (Fla.App.1963).
Accordingly, the order appealed is reversed and the cause is remanded to grant an evidentiary hearing.
OWEN, C. J., and WALDEN and CROSS, JJ., concur.
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Henderson Dev. Co. Inc. v. Gerrits, 340 So. 2d 1205 (Fla. 3d DCA 1976)…to prove his affirmative defense of bona fide purchaser. Hough v. Menses, 95 So. 2d 410 (Fla.1957). Therefore, the court having held that the burden had not been met, a decree of specific performance was capable of being rendered. Krantz v. Donner, 285 So. 2d 699 (Fla. 4th DCA 1973). In appellant’s reply brief, appellant was quick to point out that appellee’s main brief utilized the deposition and affidavit of the alleged bona fide purchaser in violation of F.A.R. 3.7(g). Both the affidavit and deposition o…
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Previewing 3 of 10 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)
- Marti v. State, 163 So. 2d 506 (Fla. 3d DCA 1964)
- Arthur v. Sampson, 158 So. 2d 771 (Fla. 2d DCA 1963)
- Fast v. State, 221 So. 2d 203 (Fla. 3d DCA 1969)
- Eligha Thomas v. State, 210 So. 2d 488 (Fla. 2d DCA 1968)
- Estrella v. State, 215 So. 2d 489 (Fla. 3d DCA 1968)
- Estevez v. State, 206 So. 2d 697 (Fla. 2d DCA 1968)
- Melton D. Blackman v. State, 256 So. 2d 18 (Fla. 4th DCA 1971)