Legal Opinion

Roberts v. State

District Court of Appeal of Florida

Decided June 27, 2012No. 2D10-5201PublishedCited by 2 opinions

1Per curiam

James Roberts appeals the denial of his motion for postconviction relief, which he filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse and remand in part.

Roberts’ pro se motion asserted four grounds for relief: his sentence was illegal (ground 1), his due process rights were violated (ground 2), his Fourth Amendment rights were violated (ground 3), and his trial counsel was ineffective (ground 4). This fourth ground was divided into fourteen subclaims.

Initially, the postconviction court denied grounds 2 and 3, finding them procedurally barred, and those…

2Cases cited4 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Barnes v. StateDistrict Court of Appeal of Florida · 2010
  3. Holley v. StateDistrict Court of Appeal of Florida · 2011
  4. Thier v. StateDistrict Court of Appeal of Florida · 2012

3Cited by2 opinions

  1. Puente v. StateDistrict Court of Appeal of Florida · 2015
  2. ROBERT JEAN MORRIS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2020

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