Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided November 14, 2014No. 5D14-1192PublishedCited by 1 opinion

1Per curiam

Appellant, Jamel Smith, appeals the summary denial of his three-claim motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the summary denial of Smith’s second and third claims without further discussion, but reverse that portion of the order summarily denying Smith’s first claim. In that claim, Smith alleged that his trial counsel was ineffective for failing to call three alibi witnesses. Smith supported the motion with affidavits from two of the purported witnesses, as well as his own affidavit. The trial court correctly noted that Smith did…

2Cases cited3 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Gutierrez v. StateDistrict Court of Appeal of Florida · 2010
  3. Perez v. StateDistrict Court of Appeal of Florida · 2013

3Cited by1 opinion

  1. Javarius M. Jackson v. State of FloridaDistrict Court of Appeal of Florida · 2026

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