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Evans v. State

464 So. 2d 619, 10 Fla. L. Weekly 516, 1985 Fla. App. LEXIS 12688
CourtDistrict Court of Appeal of Florida
DecidedFebruary 27, 1985
DocketNo. 84-2592
StatusPublished

This text of 464 So. 2d 619 (Evans 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
Evans v. State, 464 So. 2d 619, 10 Fla. L. Weekly 516, 1985 Fla. App. LEXIS 12688 (Fla. Ct. App. 1985).

Opinion

PER CURIAM.

Reversed and remanded for an evidentia-ry hearing on the authority of Halpin v. State, 428 So.2d 703 (Fla. 2d DCA 1983). In a motion for post-conviction relief the appellant alleged the existence of numerous alibi witnesses whose identities he disclosed to his lawyer. He also claimed that alibi was his only defense. Notwithstanding these facts, he alleges, his lawyer failed to contact or call any of these witnesses or to present appellant’s testimony at trial. We believe these allegations state a prima facie case for relief sufficient to require an evidentiary hearing.

ANSTEAD, C.J., and DOWNEY and HERSEY, JJ., concur.

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Related

Halpin v. State
428 So. 2d 703 (District Court of Appeal of Florida, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
464 So. 2d 619, 10 Fla. L. Weekly 516, 1985 Fla. App. LEXIS 12688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-state-fladistctapp-1985.