Legal Opinion

Crumitie v. State

District Court of Appeal of Florida

Decided April 16, 2003No. 1D01-4228PublishedCited by 2 opinions

1Per curiam

Appellant challenges the trial court’s summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the trial court failed to attach portions of the record to conclusively refute appellant’s *272claim that his counsel was ineffective for failing to interview and call Janine Johnson as an alibi witness, we reverse and remand for the trial court to either support its summary denial with record excerpts conclusively establishing that appellant is entitled to no relief or to conduct an evidentiary hearing on this claim. We affirm the…

2Cases cited4 opinions

  1. Peede v. StateSupreme Court of Florida · 1999
  2. Toler v. StateDistrict Court of Appeal of Florida · 1986
  3. Pelham v. StateDistrict Court of Appeal of Florida · 1999
  4. Crumitie v. StateDistrict Court of Appeal of Florida · 2001

3Cited by2 opinions

  1. Norman J. Thompson v. State of FloridaDistrict Court of Appeal of Florida · 2019
  2. Larry E. O'Steen v. State of FloridaDistrict Court of Appeal of Florida · 2018

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