CHARLES SMITH III
v.
STATE OF FLORIDA
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A Brady violation claim and a claim of ineffective assistance of counsel for failure to seek suppression of witness testimony are cognizable in postconviction motions and entitle the appellant to an evidentiary hearing when the trial court's attachments do not conclusively refute the legally sufficient allegations.
[1] A Brady violation claim is cognizable in a postconviction motion under Rule 3.850.
[2] Failure to seek suppression of witness testimony may constitute ineffective assistance of counsel cognizable in a postconviction motion.
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Join FLexlaw to unlock all legal intelligenceCharles Smith III filed a postconviction motion raising a Brady violation and ineffective assistance of counsel for failure to seek suppression of wit…
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trial court attached record excerpts to its order, these attachments do not conclusively refute the legally sufficient claims made in grounds one and three of the motion. Accordingly, Smith is entitled to an evidentiary hearing on these claims. Fla. R. Crim. P. 3.850; see Freeman v. State, 761 So. 2d 1055 (Fla. 2000).
The order denying relief is VACATED, and the cause is REMANDED for further proceedings.
WOLF and OSTERHAUS, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Citator
Cited By
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Ahmad Milton v. State (Fla. 3d DCA 2025)
Authorities Cited
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963)
- Freeman v. State, 761 So. 2d 1055 (Fla. 2000)
- Wickham v. State, 124 So. 3d 841 (Fla. 2013)
- Douglas v. State, 67 So. 3d 1119 (Fla. 1st DCA 2011)