ANTHONY CASH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ANTHONY CASH, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
412 So. 2d 420
Florida District Court of Appeal, Third District (1982)
Positive Treatment
Cited by 19 cases
Opinion of the Court
PER CURIAM.
When a petitioner alleges ineffective assistance of counsel, unless the motion and the files and records in the case conclusively show that he is not entitled to relief, the petitioner is entitled to an evidentiary hearing on his Rule 3.850 motion. Meeks v. State, 382 So. 2d 673 (Fla.1980); see Brown v. State, 404 So. 2d 157 (Fla. 5th DCA 1981); Fla.R.Crim.P. 3.850.
Reversed and remanded for evidentiary, hearing.
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Brown v. State, 428 So. 2d 250 (Fla. 1983)…McDONALD, Justice. In Brown v. State, 412 So. 2d 420 (Fla. 4th DCA 1982), the district court certified the following questions to this Court: 1. DOES OWNERSHIP AND JOINT OCCUPANCY OF A PREMISES WHERE ILLEGAL DRUGS ARE DISCOVERED IN PLAIN VIEW, IN THE PRESENCE OF THE OWNER, CONSTITUTE SUFFICIENT EVIDE…
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Goin v. Comm'n ON Ethics, 658 So. 2d 1131 (Fla. 1st DCA 1995)…enting evidence of actual knowledge or evidence of incriminating statements and circumstances from which the jury might lawfully infer the requisite knowledge to support conviction. Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967); Brown v. State, 412 So. 2d 420 (Fla. 4th DCA 1982), approved, 428 So. 2d 250 (Fla.1983), [*1136] cert. denied, 463 U.S. 1209, 103 S.Ct. 3541, 77 L.Ed.2d. 1391 (1983). In a civil damages action for injuries resulting from willful and unlawful sale of alcoholic beverages to a minor…
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State v. Reese, 774 So. 2d 948 (Fla. 5th DCA 2001)…onstructive possession.” Brown, 428 So. 2d at 252. While the State must establish the accused’s dominion and control over the contraband, Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967), it may do so with circumstantial evidence. Brown v. State, 412 So. 2d 420, 422 (Fla. 4th DCA 1982), approved, 428 So. 2d 250 (Fla.1983). Although mere proximity to contraband is not by itself sufficient to prove possession, dominion and control may be inferred from [*950] the ability to exercise control over the premises…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Meeks v. State, 382 So. 2d 673 (Fla. 1980)
- Brown v. State, 404 So. 2d 157 (Fla. 5th DCA 1981)