WAYNE C. WASHER
v.
STATE
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A defendant is entitled to an evidentiary hearing on a postconviction relief motion when the record does not conclusively refute claims of ineffective assistance of counsel.
[1] A trial court must conduct an evidentiary hearing on a postconviction relief motion claiming ineffective assistance of counsel when the record does not conclusively refut…
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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 citing Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000) to establish the standard for postconviction relief hearings.
Wayne Charles Washer appealed the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, raising four …
The full statement of facts, procedural history, and disposition for this case are member content.
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
WAYNE CHARLES WASHER,
Appellant,
v. Case No. 5D18-1088
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed September 7, 2018
3.850 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.
Wayne Charles Washer, Cross City, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Wayne Charles Washer appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds Three and Four. However, because the record does not conclusively refute Washer’s claims that counsel was ineffective for failing to request a jury instruction on self-defense and failing to secure and introduce exculpatory evidence, namely a GPS
2 device, we reverse the summary denial of Grounds One and Two and remand for attachment of portions of the record conclusively refuting those claims or for an evidentiary hearing. See 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." (citing Maharaj v. State, 684 So. 2d 726 (Fla. 1996))). AFFIRMED in part, REVERSED in part, and REMANDED. COHEN, C.J., TORPY and BERGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Freeman v. State, 761 So. 2d 1055 (Fla. 2000)
- Krishna Maharaj v. State, 684 So. 2d 726 (Fla. 1996)