Payne v. State
District Court of Appeal of Florida
1Per curiam
*702Christopher Lee Payne appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the summary denial of all but one of the grounds raised in his motion. Because the record does not conclusively refute Payne's claim that counsel was ineffective for failing to investigate and call two exculpatory witnesses, we reverse the summary denial of Ground O. See Castro v. State, 240 So. 3d 877, 878 (Fla. 5th DCA 2018) (reversing summary denial of defendant's rule 3.850 motion because trial court's inquiry into whether defendant…
2Cases cited8 opinions
- Freeman v. StateSupreme Court of Florida · 2000
- Maharaj v. StateSupreme Court of Florida · 1996
- Luckey v. StateDistrict Court of Appeal of Florida · 2008
- Spellers v. StateDistrict Court of Appeal of Florida · 2008
- Feliz Castro v. StateDistrict Court of Appeal of Florida · 2018
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