Rogers v. State, 5D14–1859.
| Decision Date | 27 March 2015 |
| Docket Number | No. 5D14–1859.,5D14–1859. |
| Citation | 162 So.3d 334 (Mem) |
| Parties | Joe Edwin ROGERS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Joe Edwin Rogers, Raiford, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.
Joe Edwin Rogers appeals the summary denial of his initial motion for postconviction relief and his supplemental motion for postconviction relief, both of which were filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm, except as to claims I(a) and I(d) set forth in Rogers' initial motion.1 We conclude that these claims are legally sufficient and not conclusively refuted by the record. On remand, the trial court shall either attach portions of the record conclusively refuting these claims or hold an evidentiary hearing.
AFFIRMED, in part; REVERSED, in part; and REMANDED.
1 The initial motion was timely filed on July 24, 2013.
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Rogers v. Sec'y, Dep't of Corr.
...summarily denied relief. (Doc. 10-26, Exs. O, R). The state appellate court affirmed in part and reversed in part. Rogers v. State, 162 So.3d 334 (Fla. 5th DCA 2015). On remand, the state postconviction court conducted an evidentiary hearing on several of Rogers's claims. It then entered a ......
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Rogers v. Sec'y, Dep't of Corr.
...3.850, on grounds unrelated to this appeal. See Rogers v. State, 229 So. 3d 357 (Fla. 5th Dist. Ct. App. 2016); Rogers v. State, 162 So. 3d 334 (Fla. 5th Dist. Ct. App. 2014) (mem.). Meanwhile, on June 15, 2016, Rogers filed a state habeas petition in the Fifth DCA, pursuant to Fla. R. App.......
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