Legal Opinion

Corey v. State

District Court of Appeal of Florida

Decided October 21, 2009No. 4D09-946Published

1Per curiam

The defendant appeals the trial court’s summary denial of his motion for postcon-viction relief. The trial court did not explain its summary denial or attach portions of the record conclusively refuting the defendant’s claims.

We agree with the defendant that his second and third claims (that the trial court should have held another competency hearing before or during trial and that his trial counsel was ineffective in failing to move for such a hearing), are both legally sufficient and unrefuted by the summary record on appeal (including the portions of the trial transcript attached to the…

2Cases cited1 opinion

  1. Louis v. StateDistrict Court of Appeal of Florida · 2007

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