Halpin v. State, 83-35
| Decision Date | 16 February 1983 |
| Docket Number | No. 83-35,83-35 |
| Citation | 428 So.2d 703 |
| Parties | Donald E. HALPIN, a/k/a Charles W. Engle, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Donald E. Halpin appeals the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Appellant raised four points in the motion. The allegation in point one, that appellant was denied effective assistance of counsel because his trial counsel failed to comply with appellant's request that he subpoena Thomas V. Knopp to testify, if true, might entitle appellant to relief. The trial court, however, failed to conduct an evidentiary hearing or attach portions of the record which refute this allegation.
The trial court was correct in denying appellant's motion as to the other points raised therein.
Accordingly, we reverse in part the trial court's denial of appellant's motion and remand the case to the trial court. On remand, the trial court may either again summarily deny the motion as to the allegation in point one and attach to its order those portions of the record which conclusively show that appellant is not entitled to relief or hold an evidentiary hearing and then rule on the ground alleged in point one of the motion. See Fla.R.Crim.P. 3.850. See also Jones v. State, 421 So.2d 55 (Fla. 1st DCA 1982), and Van Bever v. State, 405 So.2d 474 (Fla. 5th DCA 1981). To obtain further review any aggrieved party must appeal the new ruling of the trial court.
AFFIRMED in part, REVERSED in part, and REMANDED.
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Roth v. State, 85-2455
...circumstances of this case may entitle the defendant to relief. See Collins v. State, 433 So.2d 37 (Fla. 2d DCA 1983); Halpin v. State, 428 So.2d 703 (Fla. 2d DCA 1983). See also McMillian v. State, 411 So.2d 1372 (Fla. 5th DCA 1982). Cf. McCrae v. State, 313 So.2d 429 (Fla. 3d DCA 1975) (a......
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Ford v. State, 82-1659
...hearing in order to determine whether he is entitled to relief. See, e.g., Meeks v. State, 382 So.2d 673 (Fla.1980); Halpin v. State, 428 So.2d 703 (Fla. 2d DCA 1983); Jones v. State, 421 So.3d 55 (Fla. 1st DCA 1982). In order to obtain further review of any subsequent ruling of the court b......
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Smith v. State
...aggrieved party must appeal the new ruling as it would in a direct appeal case in order to obtain further review. See Halpin v. State, 428 So.2d 703 (Fla. 2d DCA 1983); Fla.R.App.P. 9.140(g) (in particular see Committee Note 1977 The trial court is also directed to address the first and sec......
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Washington v. State, 83-2023
...and then rule on the allegation raised in appellant's motion. See Florida Rule of Criminal Procedure 3.850. See also Halpin v. State, 428 So.2d 703 (Fla. 2d DCA 1983); Jones v. State, 421 So.2d 55 (Fla. 1st DCA 1982); Van Bever v. State, 405 So.2d 474 (Fla. 5th DCA 1981). To obtain further ......