Adams v. State

District Court of Appeal of Florida

Adams v. State

866 So. 2d 1290, 2004 Fla. App. LEXIS 3323, 2004 WL 433974

CourtDistrict Court of Appeal of Florida

DecidedMarch 10, 2004

DocketNo. 4D03-4168

StatusPublished

This text of 866 So. 2d 1290 (Adams v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. State, 866 So. 2d 1290, 2004 Fla. App. LEXIS 3323, 2004 WL 433974 (Fla. Ct. App. 2004).

Pincite

Opinion

PER CURIAM.

Cardell Adams appeals the summary denial of his post-conviction motion. In ground one, Adams alleged that his trial attorney provided ineffective assistance by not investigating or calling a witness who would have provided favorable testimony. In response, the state argued the motion was untimely. The state did not address the merits and the attached records do not refute this claim. However, the motion was timely filed within two years after the conviction and sentence became final on direct appeal. Accordingly, we reverse and remand for an evidentiary hearing or for attachment of portions of the record that conclusively demonstrate appellant is entitled to no relief.

FARMER, C.J., KLEIN and HAZOURI, JJ., concur.

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PER CURIAM.

Cardell Adams appeals the summary denial of his post-conviction motion. In ground one, Adams alleged that his trial attorney provided ineffective assistance by not investigating or calling a witness who would have provided favorable testimony. In response, the state argued the motion was untimely. The state did not address the merits and the attached records do not refute this claim. However, the motion was timely filed within two years after the conviction and sentence became final on direct appeal. Accordingly, we reverse and remand for an evidentiary hearing or for attachment of portions of the record that conclusively demonstrate appellant is entitled to no relief.

FARMER, C.J., KLEIN and HAZOURI, JJ., concur.

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Bluebook (online)

866 So. 2d 1290, 2004 Fla. App. LEXIS 3323, 2004 WL 433974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-state-fladistctapp-2004.