Scott H. Wheeler v. State

Scott Wheeler appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We conclude that the postconviction court erred in summarily denying Wheeler’s claim that trial counsel was ineffective in failing to file a legally sufficient motion to disqualify the trial judge. 1 Although this claim was insufficiently alleged, Wheeler should have been afforded an opportunity to amend. See Spera v. State, 971 So.2d 754, 761 (Fla. 2007). We otherwise affirm the trial court’s order.

Failure to timely file a motion to disqualify a judge, or to…