Heuss v. State

District Court of Appeal of Florida

Heuss v. State

721 So. 2d 1252, 1998 Fla. App. LEXIS 16058, 1998 WL 889442

CourtDistrict Court of Appeal of Florida

DecidedDecember 23, 1998

DocketNo. 98-2048

StatusPublished

This text of 721 So. 2d 1252 (Heuss 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.

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Heuss v. State, 721 So. 2d 1252, 1998 Fla. App. LEXIS 16058, 1998 WL 889442 (Fla. Ct. App. 1998).

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Opinion

ON MOTION FOR CLARIFICATION

PER CURIAM.

We grant appellant’s motion for clarification, withdraw our opinion filed on October 28, 1998 and substitute the following opinion.

We reverse and remand the summary denial of appellant’s Rule 3.850 motion for an evidentiary hearing on one ground, only, counsel’s alleged failure to object to audio tapes of statements being given the jury during deliberations. We affirm the denial on the remaining grounds.

KLEIN and TAYLOR, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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ON MOTION FOR CLARIFICATION

PER CURIAM.

We grant appellant’s motion for clarification, withdraw our opinion filed on October 28, 1998 and substitute the following opinion.

We reverse and remand the summary denial of appellant’s Rule 3.850 motion for an evidentiary hearing on one ground, only, counsel’s alleged failure to object to audio tapes of statements being given the jury during deliberations. We affirm the denial on the remaining grounds.

KLEIN and TAYLOR, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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Bluebook (online)

721 So. 2d 1252, 1998 Fla. App. LEXIS 16058, 1998 WL 889442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heuss-v-state-fladistctapp-1998.