Legal Opinion

James M. Newton v. State

District Court of Appeal of Florida

Decided October 21, 2016No. 5D16-1352PublishedCited by 1 opinion

1Per curiam

■ James M. Newton appeals the summary denial of all fourteen grounds raised in his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds One through Seven and Grounds Nine through Eleven. We reverse the summary denial of Grounds Eight, Twelve, Thirteen, and Fourteen, and remand for attachment of portions of the record refuting each of these grounds,or for an evidentiary hearing. See Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1)…

2Cases cited1 opinion

  1. Freeman v. StateSupreme Court of Florida · 2000

3Cited by1 opinion

  1. James M. Newton v. StateDistrict Court of Appeal of Florida · 2017

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