Christine L. Hippler v. State

Christine Lynn Hippier appeals the summary denial of a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The trial court denied relief, concluding the motion was improperly successive. Because the record before this Court does not conclusively show that Hippier is not entitled to relief, we reverse.

A motion for postconviction relief may be denied as improperly successive if the prior determination of insufficiency was made on the merits of the claim. Fla. R. Crim. P. 3.850(h)(2). “[Successive motions for postconviction relief are procedurally barred only when a…