JOSEPH REDMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSEPH REDMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
425 So. 2d 131
Florida District Court of Appeal, Fourth District (1982)
Caution
Cited by 7 cases
Opinion of the Court
PER CURIAM.
Joseph Redman appeals the denial of his motion for post-conviction relief without an evidentiary hearing. We affirm. Appellant’s motion was facially insufficient because it presented issues which were raised and disposed of on direct appeal. Such issues are not proper grounds for a post-conviction motion. Foster v. State, 400 So. 2d 1, 4 (Fla.1981). The trial court acted correctly in denying appellant’s motion without an evidentiary hearing. Fla.R. Crim.P. 3.850.
Affirmed.
HERSEY and DELL, JJ., concur. ANSTEAD, J., concurs specially.
Concurrence
ANSTEAD, Judge,
specially concurring:
I agree that the appellant’s motion for post-conviction relief which merely alleged in a conclusory fashion that the state “lost, destroyed or otherwise suppressed” evidence favorable to the appellant was facially insufficient to require the trial court to conduct an evidentiary hearing.
Cases With Similar Vibessemantic neighbors from the corpus
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LeMASTER v. Glock, Inc., 610 So. 2d 1336 (Fla. 1st DCA 1992)…cases in which plaintiffs brought strict liability claims where the product performed as expected but nonetheless injured someone. See, e.g., Auburn Machine Works, Co. v. Jones, 366 So. 2d 1167 (Fla.1979); Cunningham v. Lynch-Davidson Motors, Inc., 425 So. 2d 131 (Fla. 1st DCA1982), rev. denied, 436 So. 2d 99 (Fla.1983). We note that the only Florida case cited by the trial court, Tres-palacios v. Valor Corp. of Fla., 486 So. 2d 649, 650 (Fla. 3d DCA1986), simply stands for the proposition that a plaintiff m…
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Robinson Helicopter Co. Inc. v. Est. of Deodat P. Gangapersaud (Fla. 2d DCA 2022)…esigner [of] the specific part that caused the accident." Rather, it is sufficient that Robinson manufactured the helicopter which included the defective part that allegedly caused the engine failure. See Cunningham v. Lynch-Davidson Motors, Inc., 425 So. 2d 131, 133 (Fla. 1st DCA 1982) ("[T]he assembler of a product, which includes a component part manufactured by another, who sells the completed product as its own and thereby represents to the public 6 Robinson does not dispute that the helicopter caused…
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Redman v. Dugger, 866 F.2d 387 (11th Cir. 1989)…iled a second 3.850 motion in the trial court raising this issue. The trial court denied the petition and the Fourth District Court of Appeals affirmed the denial holding that the issue was “raised and disposed of on direct appeal.” Redman v. State, 425 So. 2d 131 (Fla.Dist. Ct.App.1982). Petitioner then refiled his federal habeas corpus petition which is the subject of this appeal. ISSUES We agree with the magistrate’s report that none of the issues raised has merit. The magistrate correctly concluded that…1 / 2
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- Cherin v. S. Star Land & Cattle Co., Inc., 400 So. 2d 1 (Fla. 1981)