DOUGLAS A. LIVELY, JR.
v.
STATE OF FLORIDA
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.
A trial court must either provide specific record citations refuting postconviction relief claims or allow amendment to state a facially sufficient claim, and must address all claims raised rather than ignoring them.
[1] When a trial court denies a Rule 3.850 postconviction relief claim by attaching the entire record without articulating specific reasons or identifying record pages that d…
[2] A trial court must address all claims raised in a Rule 3.850 postconviction relief motion rather than summarily ignoring grounds presented by the movant.
Previewing 2 of 2 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“It was the lower court's burden to do so, or to do so in the future after remand.”
The court's footnote explaining that when a trial court attaches the entire record without articulating reasons for denial or specifying parts directly refuting claims, it must provide such specificity on remand.
Douglas Lively appealed the summary denial of his Rule 3.850 postconviction relief motion. The trial court denied thirteen grounds summarily, failed t…
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 Facially Sufficient Claim cases and more on FLexlaw
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
DOUGLAS A. LIVELY, JR.,
Appellant,
v. Case No. 5D18-2114
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed February 15, 2019
3.850 Appeal from the Circuit Court for Orange County, Gail A. Adams, Judge.
Douglas A. Lively, Jr., Malone, pro se.
Ashley
B.
Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Douglas Lively 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 One, Two, Three, Five, Six, Seven, Eight, Nine, Ten, Eleven, Twelve, and Thirteen. However,
2 because Lively should have been given the opportunity to amend Ground Four1 to state a facially sufficient claim, we reverse the summary denial of that claim and remand with instructions that he be given the opportunity to do so. See Spera v. State, 971 So. 2d 754 (Fla. 2007); see also McGill v. State, 157 So. 3d 433, 434 (Fla. 4th DCA 2015) (noting earlier motions denied as too long, and interpreting Mancino v. State, 10 So. 3d 1203, 1204 (Fla. 4th DCA 2009), as drawing distinction between rejections for form and rejections for insufficiency). Additionally, because the trial court failed to consider Grounds Fourteen and Fifteen, we remand for consideration of those claims as well. See Purse v. State, 185 So. 3d 627 (Fla. 5th DCA 2016) (reversing and remanding where trial court failed to address claim raised in rule 3.850 motion); Hatcher v. State, 114 So. 3d 1019 (Fla. 5th DCA 2012); Bridges v. State, 81 So. 3d 616, 618 (Fla. 5th DCA 2012). AFFIRMED in part, REVERSED in part, and REMANDED. EVANDER, C.J., BERGER and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Hoffman v. State, 571 So. 2d 449 (Fla. 1990)
- Purse v. State, 185 So. 3d 627 (Fla. 5th DCA 2016)
- Mancino v. State, 10 So. 3d 1203 (Fla. 4th DCA 2009)
- Bridges v. State, 81 So. 3d 616 (Fla. 5th DCA 2012)
- Brown v. State, 10 So. 3d 1203 (Fla. 4th DCA 2009)
- Royale Hatcher v. State, 114 So. 3d 1019 (Fla. 5th DCA 2012)
- McGILL v. State, 157 So. 3d 433 (Fla. 4th DCA 2015)