Legal Opinion

Moss v. State

District Court of Appeal of Florida

Decided March 29, 2019No. Case No. 5D18-1506Published

1Per curiam

Appellant, Clovis Moss, appeals the final order entered by the postconviction court denying his motion for postconviction relief. See Fla. R. Crim. P. 3.850. In the motion, Appellant argued that counsel was ineffective for failing to call a witness at trial that would have undermined the victim's credibility. In summarily denying this ground, the postconviction court noted that the trial court had excluded the testimony referenced by Appellant and, therefore, counsel had no basis to call the witness. However, the record attached to the summary denial does not conclusively refute Appellant's…

2Cases cited2 opinions

  1. Jabari M. Hird v. StateDistrict Court of Appeal of Florida · 2016
  2. Burgos v. StateDistrict Court of Appeal of Florida · 2015

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