Manley v. State

District Court of Appeal of Florida

Manley v. State

618 So. 2d 801, 1993 Fla. App. LEXIS 6137, 1993 WL 187985

CourtDistrict Court of Appeal of Florida

DecidedJune 4, 1993

DocketNo. 93-00783

StatusPublished

This text of 618 So. 2d 801 (Manley 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

Manley v. State, 618 So. 2d 801, 1993 Fla. App. LEXIS 6137, 1993 WL 187985 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

Jonathan Manley appeals the summary denial of his motion for postconviction relief following remand. We reverse.

Manley claims that the trial court’s order of denial on remand and the attachments do not conclusively refute his claim of ineffective assistance of counsel for failure to call certain witnesses vital to the establishment of an entrapment defense. We agree. On remand, the trial court again denied Manley’s motion and attached to its order of denial those portions of the record it believed conclusively refuted Manley’s claim. However, after considering the attachments, we are not satisfied that they adequately refute Manley’s assertion of ineffective assistance of counsel. Accordingly, we reverse and remand for an evidentia-ry hearing.

Reversed.

RYDER, A.C.J., and DANAHY and PATTERSON, JJ., concur.

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PER CURIAM.

Jonathan Manley appeals the summary denial of his motion for postconviction relief following remand. We reverse.

Manley claims that the trial court’s order of denial on remand and the attachments do not conclusively refute his claim of ineffective assistance of counsel for failure to call certain witnesses vital to the establishment of an entrapment defense. We agree. On remand, the trial court again denied Manley’s motion and attached to its order of denial those portions of the record it believed conclusively refuted Manley’s claim. However, after considering the attachments, we are not satisfied that they adequately refute Manley’s assertion of ineffective assistance of counsel. Accordingly, we reverse and remand for an evidentia-ry hearing.

Reversed.

RYDER, A.C.J., and DANAHY and PATTERSON, JJ., concur.

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Bluebook (online)

618 So. 2d 801, 1993 Fla. App. LEXIS 6137, 1993 WL 187985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manley-v-state-fladistctapp-1993.