Legal Opinion

Thompson v. State

District Court of Appeal of Florida

Decided October 19, 2016No. 4D15-4842PublishedCited by 1 opinion

1Per curiam

We reverse and remand the trial court’s order summarily denying appellant’s timely rule 3.850 motion. The trial court summarily denied the motion without explanation, without ordering a state response, and with no record attachments. It is well-settled that this is error. Campbell v. State, 155 So.3d 1252 (Fla. 4th DCA 2015); Holley v. State, 67 So.3d 443 (Fla. 4th DCA 2011); Simon v. State, 997 So.2d 490, 492 (Fla. 4th DCA 2008); Terry v. State, 970 So.2d 863 (Fla. 4th DCA 2007); Dieudonne v. State, 958 So.2d 516 (Fla. 4th DCA 2007). “To support summary denial without a hearing, a trial…

2Cases cited7 opinions

  1. Anderson v. StateSupreme Court of Florida · 1993
  2. Dieudonne v. StateDistrict Court of Appeal of Florida · 2007
  3. Terry v. StateDistrict Court of Appeal of Florida · 2007
  4. Simon v. StateDistrict Court of Appeal of Florida · 2008
  5. Holley v. StateDistrict Court of Appeal of Florida · 2011

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3Cited by1 opinion

  1. DOUGLAS EDDIE v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018

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