Hatton v. State
This text of 114 So. 3d 1090 (Hatton 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.
Opinion
In this postconviction appeal, John R. Hatton seeks review of the orders summarily denying his claim of newly discovered evidence and denying two claims of ineffective assistance of counsel after an evidentiary hearing. The postconviction court’s determination that counsel’s decisions were strategic and its corresponding denial of relief on the two claims after a hearing were proper. Although the court correctly determined that the newly discovered evidence claim was facially insufficient, the court should have allowed Hat-ton an opportunity to amend. See Spera v. State, 971 So.2d 754, 761 (Fla.2007). Thus, we reverse and remand the order summarily denying that claim with directions for the court to afford Hatton leave to amend within a reasonable time under Spera.
Affirmed in part, reversed in part, and remanded.
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Cite This Page — Counsel Stack
114 So. 3d 1090, 2013 WL 2501981, 2013 Fla. App. LEXIS 9274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hatton-v-state-fladistctapp-2013.