Legal Opinion

Dickerson v. State

District Court of Appeal of Florida

Decided November 23, 1973No. 72-1042PublishedCited by 1 opinion

1Per curiam

On the basis of our review of the briefs and record on appeal, we are of the opinion that the motion for post-conviction relief contains sufficient allegations to entitle appellant to an evidentiary hearing under Rule 3.850, FRCrP, 33 F.S.A., on the issue of insanity at the time of trial, as such allegation is not conclusively refuted by the record. Blackman v. State, 256 So.2d 18 (Fla.App.1971). See also Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Cf. Fast v. State, 221 So.2d 203 (Fla.App.1969);. Estrella v. State, 215 So.2d 489 (Fla.App.1968); Thomas v. State, 210…

2Cases cited8 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Marti v. StateDistrict Court of Appeal of Florida · 1964
  3. Sampson v. StateDistrict Court of Appeal of Florida · 1963
  4. Fast v. StateDistrict Court of Appeal of Florida · 1969
  5. Thomas v. StateDistrict Court of Appeal of Florida · 1968

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3Cited by1 opinion

  1. Krantz v. DonnerDistrict Court of Appeal of Florida · 1973

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