Legal Opinion

Brown v. State

District Court of Appeal of Florida

Decided August 19, 2009No. 4D08-3287Published

1Opinion of the CourtStevenson, J.

Shawn Brown timely appeals the lower court’s denial of his Florida Rule of Criminal Procedure 3.850 motion. In ruling on the motion, the lower court adopted the state’s response, which asserted that Brown’s claim was barred by collateral estoppel because it had been previously raised and rejected in a Florida Rule of Criminal Procedure 3.800(a) motion. Brown had previously raised a variation of the instant issue in a rule 3.800(a) motion, filed through counsel, without any supporting documentation. That motion was denied, and Brown appealed. Then, he asked this court to voluntarily dismiss…

2Cases cited1 opinion

  1. Martinez v. StateDistrict Court of Appeal of Florida · 2006

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