EMERSON PINKNEY, APPELLANT,
v.
MICHAEL MOORE, SECRETARY DEPARTMENT OF CORRECTIONS, APPELLEE
EMERSON PINKNEY, APPELLANT,
MICHAEL MOORE, SECRETARY DEPARTMENT OF CORRECTIONS, APPELLEE
774 So. 2d 793
Florida District Court of Appeal, First District (2000)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We reverse the trial court’s order dismissing the appellant’s petition for writ of mandamus and remand to the trial court for an evidentiary hearing to determine whether the appellant timely delivered the document required by the case management order. See Ponton v. Moore, 744 So. 2d 1159 (Fla. 1st DCA 1999).
JOANOS, WEBSTER and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Morrison v. State, 860 So. 2d 458 (Fla. 1st DCA 2003)…sufficient and not conclusively refuted by the record, the cause must be remanded for the trial court to either hold an eviden-tiary hearing or to attach record portions conclusively refuting the appellant’s allegations. See, e.g., Griner v. State, 774 So. 2d 793, 794 (Fla. 1st DCA 2000). The second ground for relief raised by appellant’s motion, 1(A)(2), alleged that trial counsel rendered ineffective assistance by failing to interview and call several potential witnesses. Appellant’s trial counsel, in fac…
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Collins v. State, 855 So. 2d 1160 (Fla. 1st DCA 2003)…ally sufficient and not conclusively refuted by the record, the cause must be remanded for the trial court to either hold an evidentiary hearing or attach record portions conclusively refuting the appellant’s allegations. See, e.g., Griner v. State, 774 So. 2d 793, 794 (Fla. 1st DCA 2000). [*1163] Taking appellant s allegations as true, we cannot simply assume a reasonable set of circumstances under which a defense attorney would ask a police detective whether the person shown committing a crime on a surveill…
Authorities Cited
- Barger v. State, 744 So. 2d 1159 (Fla. 1st DCA 1999)