SAMMY GIBBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Appellant Gibbs sought post-conviction relief under Florida Rule 3.850, challenging his trial counsel's failure to remove a biased juror. The appellate court reversed a summary denial of his motion because the trial court failed to attach critical record portions to support its decision, requiring either attachment of conclusive evidence of no relief or an evidentiary hearing.
The trial court's summary denial was improper because it failed to attach record portions conclusively establishing appellant was entitled to no relief. On remand, the trial court must either attach such portions or hold an evidentiary hearing on the biased juror claim.
[1] A trial court must either attach portions of the record that conclusively refute a defendant's claims of ineffective assistance of counsel or hold an evidentiary hearing…
[2] Exhibits attached to a trial court's order denying a motion for post-conviction relief must conclusively refute the defendant's claims to justify summary denial.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“address only the claim that appellant's trial counsel permitted a juror who said he could not be impartial to serve on the jury”
The specific claim the trial court was directed to address on remand from the prior appeal
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant Gibbs filed a motion for post-conviction relief claiming his trial counsel was ineffective for permitting a juror who stated he could not be…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion For Postconviction Relief cases and more on FLexlaw
PER CURIAM.
Appellant seeks review of an order summarily denying his motion seeking post-conviction relief, pursuant to rule 3.850, Florida Rules of Criminal Procedure. We previously reversed a summary denial of appellant’s motion, and remanded to the trial court with directions that it “address only the claim that appellant’s trial counsel permitted a juror who said he could not be impartial to serve on the jury.” Gibbs v. State, 604 So. 2d 544, 546 (Fla. 1st DCA 1992). The basis for our ruling in the prior appeal was that “[t]he portions of the record provided by the circuit court clerk [did] not refute the biased juror claim.” Id.
Our ruling in the prior appeal came only after the trial court had been afforded several opportunities to attach to its order those portions of the record establishing that appellant was entitled to no relief. Once again, the trial court’s order summarily denying appellant’s motion comes to us without having attached to it portions of the record establishing that appellant is entitled to no relief. The trial court’s order recites that a response filed by the state to appellant’s motion is attached. Although the response is not attached to the order, a copy is a part of the record. However, six exhibits referred to in the response which, presumably, were the basis for the trial court’s decision, are not a part of the record. Accordingly, once again, we reverse and remand to the trial court. We expressly direct the trial court, on remand, either to attach to its order portions of the record conclusively establishing that appellant is entitled to no relief on his claim that trial counsel was ineffective because he permitted a person who said that he could not be impartial to sit on the jury; or to hold an evidentiary hearing on that claim.
REVERSED and REMANDED, with directions.
JOANOS, KAHN and WEBSTER, JJ., concur.