Legal Opinion

Foley v. State

District Court of Appeal of Florida

Decided April 23, 2015No. 1D14-1500Published

1Opinion of the CourtBenton, J.

Aaron Foley appeals the order denying his motions for postconviction relief filed pursuant to Florida Rule of Criminal Pro*1145cedure 3.850. The trial court treated his two motions as a single (albeit redundant) motion. Among other things, appellant argues that the trial court, before summarily denying all but one of his claims of ineffective assistance of counsel, should have permitted him an opportunity to amend pursuant to Spera v. State, 971 So.2d 754 (Fla.2007). On this basis, we ordered the state to show cause why the denial of two claims — ground three in the October 16, 2013 motion,1 and…

2Cases cited6 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Toler v. StateDistrict Court of Appeal of Florida · 1986
  3. Bell v. StateDistrict Court of Appeal of Florida · 2013
  4. Visger v. StateDistrict Court of Appeal of Florida · 2007
  5. Strain v. StateDistrict Court of Appeal of Florida · 2011

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