Legal Opinion

Gardner v. State

District Court of Appeal of Florida

Decided September 20, 1989No. 88-2260PublishedCited by 3 opinions

1Opinion of the Court

NIMMONS, Judge.

In Jánuary 1981, appellant was sentenced, pursuant to jury verdicts, on three counts of aggravated assault committed approximately one year previously.1 In December, 1986, the appellant filed a Rule 3.850 motion. The grounds asserted were patently insufficient to state grounds for relief under Rule 3.850. The motion was also not sworn to as required by the Rule. On the same date, appellant moved the trial court for an enlargement of time in which to amend his 3.850 motion. He averred that he had been incarcerated in another state during a portion of the intervening years and…

2Cases cited7 opinions

  1. Maleng v. CookSupreme Court of the United States · 1989
  2. Carafas v. LaValleeSupreme Court of the United States · 1968
  3. State v. BolyeaSupreme Court of Florida · 1988
  4. Rita v. StateDistrict Court of Appeal of Florida · 1985
  5. Gardner v. StateDistrict Court of Appeal of Florida · 1987

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Lemus v. StateDistrict Court of Appeal of Florida · 1991
  2. Rozier v. StateDistrict Court of Appeal of Florida · 1992
  3. E.C. v. Virginia Dep't of Juvenile JusticeSupreme Court of Virginia · 2012

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