Duane M. Blake v. State
District Court of Appeal of Florida
1Per curiam
We affirm the summary denial of grounds one through five and seven of appellant’s pro se. motion for post-conviction relief. See Fla. R. Crim. P. 3.850. However, as to ground six, we reverse and remand with directions to grant the appellant an evidentiary hearing. See Morales v. State, 731 So.2d 91 (Fla. 4th DCA 1999). In ground six, appellant alleged that trial counsel failed to call an available defense witness who would have testified that the victim of the shooting was pointing a firearm at appellant when he shot his firearm, thus potentially corroborating appellant’s asserted…
2Cases cited3 opinions
- Balmori v. StateDistrict Court of Appeal of Florida · 2008
- Spellers v. StateDistrict Court of Appeal of Florida · 2008
- Morales v. StateDistrict Court of Appeal of Florida · 1999