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Williams v. State

154 So. 3d 1212, 2015 Fla. App. LEXIS 479, 2015 WL 196232
CourtDistrict Court of Appeal of Florida
DecidedJanuary 16, 2015
DocketNo. 5D13-3377
StatusPublished

This text of 154 So. 3d 1212 (Williams 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
Williams v. State, 154 So. 3d 1212, 2015 Fla. App. LEXIS 479, 2015 WL 196232 (Fla. Ct. App. 2015).

Opinion

PER CURIAM.

In this postconviction case, we affirm in all respects, except the summary disposition on claim H, which relates to the affidavit of Deltinard Tousaint. The trial court erroneously determined that the facially sufficient affidavit should be disregarded because it probably would not be believed. Under the circumstances here, an evidentiary hearing is required. See Simpson v. State, 100 So.3d 1258 (Fla. 4th DCA2012).

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

TORPY, C.J., SAWAYA and COHEN, JJ., concur.

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Related

Simpson v. State
100 So. 3d 1258 (District Court of Appeal of Florida, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
154 So. 3d 1212, 2015 Fla. App. LEXIS 479, 2015 WL 196232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-state-fladistctapp-2015.