ISSAC BURT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed in part and remanded a trial court's summary denial of an ineffective assistance of counsel motion, finding that the record did not conclusively refute claims regarding counsel's failure to object to improper closing argument statements and failure to adequately cross-examine an expert witness.
A defendant is entitled to an evidentiary hearing on a postconviction relief motion unless the motion, files, and records conclusively show the defendant is entitled to no relief or the motion is legally insufficient.
[1] A trial court must hold an evidentiary hearing on a postconviction relief motion alleging ineffective assistance of counsel unless the motion, files, and records conclusi…
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Join FLexlaw to unlock all legal intelligence“A defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.”
Court's statement of the legal standard for postconviction relief motions, citing Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000).
Issac Burt appealed a trial court's summary denial of his Rule 3.850 motion for postconviction relief alleging ineffective assistance of counsel on th…
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Issac Burt (“Appellant”) appeals the trial court’s order summarily denying his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief alleging ineffective assistance of counsel. We find that the attached records conclusively refute ground one of Appellant’s motion. However, we do not find that the attached records conclusively refute the remaining grounds, in which Appellant argued that defense counsel provided ineffective assistance by failing to object to repeated improper statements during the State’s closing argument (ground two) and by failing to adequately cross-examine the State’s expert witness (ground .three). Therefore, we reverse and remand for the trial court to either attach records conclusively refuting grounds two and three or to hold an evidentiary hearing on these grounds. See, e.g., Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.”).
AFFIRMED in part; REVERSED in part; REMANDED with Instructions.
COHEN, C. J., WALLIS and EDWARDS, JJ., concur.
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Authorities Cited
- Freeman v. State, 761 So. 2d 1055 (Fla. 2000)