Legal Opinion

Kevin Lee Elliott v. State of Florida

District Court of Appeal of Florida

Decided September 5, 2017No. CASE NO. 1D16-5527Published

1Per curiam

Kevin Lee Elliott challenges the trial court’s order denying his motion for post-conviction relief, which failed to attach records that conclusively demonstrate no entitlement to relief. In addition, he challenges the trial court’s failure to conduct an evi-dentiary hearing or allow amendment of his pleadings. We reverse to require that the trial court either attach portions of the record that conclusively refute Elliott’s claims in counts one, four, seven, and eight of his complaint, or absent such records, hold an evidentiary hearing. See Washington v. State, 10 So.3d 1126, 1127 (Fla. 1st…

2Cases cited2 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Washington v. StateDistrict Court of Appeal of Florida · 2009

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