Legal Opinion

Rudolph v. State

District Court of Appeal of Florida

Decided August 17, 2018No. Case No. 5D18-326Published

1Per curiam

Tray Charles Rudolph appeals the order summarily denying his motion for postconviction relief which raised twelve grounds for relief. See Fla. R. Crim. P. 3.850. We reverse the summary denial of the first ground for relief and remand for the postconviction court to either attach sufficient records to support a summary denial or to hold an evidentiary hearing. See Hird v. State, 204 So.3d 483, 485 (Fla. 5th DCA 2016) (citing Burgos v. State, 181 So.3d 572 (Fla. 5th DCA 2015) ). We affirm the summary denial of the remaining grounds. We note that review of grounds three through twelve has been…

2Cases cited4 opinions

  1. Duest v. DuggerSupreme Court of Florida · 1990
  2. & SC16-481 Harrel Franklin Braddy v. State of Florida and Harrel Franklin Braddy v. Julie L. Jones, etc.Supreme Court of Florida · 2017
  3. Jabari M. Hird v. StateDistrict Court of Appeal of Florida · 2016
  4. Burgos v. StateDistrict Court of Appeal of Florida · 2015

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