Rackley v. State

District Court of Appeal of Florida

Rackley v. State

667 So. 2d 207, 1995 Fla. App. LEXIS 7960, 1995 WL 437266

CourtDistrict Court of Appeal of Florida

DecidedJuly 26, 1995

DocketNo. 95-1475

StatusPublished

Cited by3 cases

This text of 667 So. 2d 207 (Rackley 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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Rackley v. State, 667 So. 2d 207, 1995 Fla. App. LEXIS 7960, 1995 WL 437266 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

Although appellant’s motion for post-conviction relief was sworn to, the facts in support of the motion were set out in a separate memorandum of law which was not under oath. The trial court properly denied the motion finding it to be facially insufficient to support the granting of any relief as all matters of record were alleged in the un-sworn memorandum of law. Jones v. State, 637 So.2d 999 (Fla. 1st DCA 1994). Accordingly, we affirm the trial court’s ruling. This disposition is without prejudice to appellant’s right to resubmit the motion with a proper oath. Schofield v. State, 641 So.2d 172 (Fla. 1st DCA 1994).

ERVIN, JOANOS and VAN NORTWICK, JJ., concur.

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PER CURIAM.

Although appellant’s motion for post-conviction relief was sworn to, the facts in support of the motion were set out in a separate memorandum of law which was not under oath. The trial court properly denied the motion finding it to be facially insufficient to support the granting of any relief as all matters of record were alleged in the un-sworn memorandum of law. Jones v. State, 637 So.2d 999 (Fla. 1st DCA 1994). Accordingly, we affirm the trial court’s ruling. This disposition is without prejudice to appellant’s right to resubmit the motion with a proper oath. Schofield v. State, 641 So.2d 172 (Fla. 1st DCA 1994).

ERVIN, JOANOS and VAN NORTWICK, JJ., concur.

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667 So. 2d 207, 1995 Fla. App. LEXIS 7960, 1995 WL 437266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rackley-v-state-fladistctapp-1995.

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