Legal Opinion

Johnson v. State of Florida

District Court of Appeal of Florida

Decided February 15, 1995No. 94-2370PublishedCited by 2 opinions

1Per curiam

Mark Johnson appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.

Appellant’s 3.850 motion was accompanied by the affidavit of a codefendant who entered a plea and testified at trial. The affidavit states that the affiant’s trial testimony “was colored and was inaccurate.” The affidavit does not state what the affiant’s testimony was, nor does the affidavit explain what were the inaccuracies. The affidavit is much too conclusory to call for an evidentiary hearing. See Williamson v. Dugger, 651 So.2d 84, 89 (Fla.1994) (affidavits…

2Cases cited4 opinions

  1. Jones v. StateSupreme Court of Florida · 1991
  2. Williamson v. DuggerSupreme Court of Florida · 1994
  3. Johnson v. SingletarySupreme Court of Florida · 1994
  4. Johnson v. SingletaryDistrict Court of Appeal of Florida · 1993

3Cited by2 opinions

  1. Brant v. StateDistrict Court of Appeal of Florida · 2002
  2. Tommie McClenney Jr. v. State of FloridaDistrict Court of Appeal of Florida · 2025

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