Legal Opinion

Julius E. Black v. State

District Court of Appeal of Florida

Decided October 28, 2016No. 5D16-1952PublishedCited by 1 opinion

1Per curiam

Julius Black appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds One through Six and Eight through Ten. However, because the record does not conclusively refute Black’s claim that counsel was ineffective for failing to call co-defendant, Philip Snead, as a witness, we reverse the summary denial of Ground Seven and remand for attachment of portions of the record conclusively refuting that claim or for an evidentiary hearing. 1 See Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000) (“[A] defendant…

2Cases cited4 opinions

  1. Freeman v. StateSupreme Court of Florida · 2000
  2. Maharaj v. StateSupreme Court of Florida · 1996
  3. Forte v. StateDistrict Court of Appeal of Florida · 2016
  4. Echevarria v. StateDistrict Court of Appeal of Florida · 2008

3Cited by1 opinion

  1. Julius E. Black v. StateDistrict Court of Appeal of Florida · 2017

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