Supreme Court of Florida

Denial of a motion for post-conviction relief based on newly-discovered evidence, without an evidentiary hearing, was improper where the record did not conclusively refute the allegations of the motion and attached affidavit.

Appellate Information

• Decided 09/12/2002
• Published 09/12/2002

Judges

• PARIENTE, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Charles G. White, Miami, FL, for Petitioner.


• For Appellees:
  
• Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, Miami, FL, for Respondent.