Legal Opinion

Mitchell v. State

District Court of Appeal of Florida

Decided May 22, 2015No. 2D13-5871Published

1Opinion of the Court

KELLY, Judge.

Betty Mitchell challenges the final order denying her motion for postconviction relief alleging multiple claims of ineffective assistance of counsel. She correctly argues that the postconviction court failed to make factual findings, either orally at the evidentiary hearing or in its written order, to support the denial of her claims. Accordingly, we reverse the final order and remand so that the court can make further findings of fact and conclusions of law as to the issues raised at the evidentiary hearing. See Fla. R. Crim. P. 3.850(f)(8)(A); Strianese v. State, 880 So.2d 759…

2Cases cited2 opinions

  1. Hunter v. StateDistrict Court of Appeal of Florida · 2012
  2. Strianese v. StateDistrict Court of Appeal of Florida · 2004

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