WILFRED LOUIS A/K/A VALNESS JEANCHATTLES
v.
STATE OF FLORIDA
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A trial court errs in summarily denying a rule 3.850 motion claiming newly discovered evidence without conducting an evidentiary hearing.
[1] A trial court must conduct an evidentiary hearing on a rule 3.850 postconviction motion raising a claim of newly discovered evidence rather than summarily denying the mot…
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Join FLexlaw to unlock all legal intelligenceWilfred Louis appealed the denial of his rule 3.850 postconviction relief motion, which raised a claim of newly discovered evidence. The trial court s…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
WILFRED LOUIS a/k/a VALNESS JEAN-CHATTLES, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D17-2612
[March 7, 2018]
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Bernard I. Bober, Judge; L.T. Case No. 05-3697CF10B.
Wilfred Louis a/k/a Valness Jean-Chattles, Mayo, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Melanie Dale Surber, Senior Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
Wilfred Louis appeals the summary denial of a rule 3.850 motion for postconviction relief. We agree with appellant that the trial court erred in denying his claim of newly discovered evidence without an evidentiary hearing. See Nordelo v. State, 93 So. 3d 178 (Fla. 2012); Barrow v. State, 940 So. 2d 1235 (Fla. 5th DCA 2006).
Reversed and remanded for further proceedings.
MAY, DAMOORGIAN and CIKLIN, JJ., concur.
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jones v. State, 93 So. 3d 178 (Fla. 2012)
- Barrow v. State, 940 So. 2d 1235 (Fla. 5th DCA 2006)