Legal Opinion
Morais v. State
District Court of Appeal of Florida
Decided August 10, 1994No. 94-02135PublishedCited by 7 opinions
1Opinion of the Court
640 So.2d 1227 (1994)
James MORAIS, Appellant,
v.
STATE of Florida, Appellee.
No. 94-02135.
District Court of Appeal of Florida, Second District.
August 10, 1994.
2Per curiam
James Morais appeals the dismissal of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court found that the motion was not properly sworn and thus could not be considered, and dismissed the motion without prejudice to Morais to refile a sworn motion. Such a dismissal is mandated by State v. Shearer, 628 So.2d 1102 (Fla. 1993), in order to protect against perjury and ensure…
3Cases cited5 opinions
- State v. ShearerSupreme Court of Florida · 1993
- Gorham v. StateSupreme Court of Florida · 1986
- Miller v. StateDistrict Court of Appeal of Florida · 1993
- Rivet v. StateDistrict Court of Appeal of Florida · 1993
- Vandervlist v. StateDistrict Court of Appeal of Florida · 1994
4Cited by7 opinions
- Williams v. StateDistrict Court of Appeal of Florida · 2004
- Thomas v. StateDistrict Court of Appeal of Florida · 1996
- Hickey v. StateDistrict Court of Appeal of Florida · 2000
- James v. StateDistrict Court of Appeal of Florida · 2009
- Teal v. StateDistrict Court of Appeal of Florida · 2000
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