Blue v. State

David Randolph Blue appeals the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief alleging ineffective assistance of trial counsel. We reverse and remand because the trial court failed to attach record support to conclusively refute Blue’s claims, and Blue is entitled to amend his insufficiently pled claims.

In case number 2005-CF-1086, in the circuit court in and for Monroe County, the State charged Blue by amended information with nine counts of lewd and lasciv ious molestation, lewd and lascivious battery, and three counts of…