Badger v. State

The appellant, James Matthew Badger, appeals the summary denial of his Rule 3.850 motion for postconviction relief. Although he raises three grounds asserting ineffective assistance of counsel, we conclude that only one of those grounds has merit.

In order to uphold the summary denial by a trial court of a claim raised in a motion for postconviction relief, the claim must be either facially invalid or conclusively refuted by the record. When no evidentiary hearing is held by the trial court, the appellate court must accept the defendant’s factual allegations to the extent they are not disposed…