Legal Opinion

Oliver v. State

District Court of Appeal of Florida

Decided May 29, 2009No. 5D08-101PublishedCited by 1 opinion

1Opinion of the CourtSawaya, J.

Optavis Oliver appeals the trial court’s order, which summarily denied four claims set forth in his motion for postconviction relief and denied two others after an evi-dentiary hearing. 1 Pursuant to Spera v. State, 971 So.2d 754, 755 (Fla.2007), we reverse that portion of the order summarily denying claim two wherein Oliver attempted to allege ineffective assistance of his trial counsel for failing to properly challenge the reliability of the drug dog that initially alerted on the drugs that ultimately led to Oliver’s arrest. We do so because we are unable to conclude that the deficiencies…

2Cases cited5 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Pierre v. StateDistrict Court of Appeal of Florida · 2008
  3. Parsons v. StateDistrict Court of Appeal of Florida · 2008
  4. Neal v. StateDistrict Court of Appeal of Florida · 2008
  5. Vasser v. StateDistrict Court of Appeal of Florida · 2008

3Cited by1 opinion

  1. ESCOBAR-GUILLEN v. StateDistrict Court of Appeal of Florida · 2011

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