Maurice Talley v. State of Florida

Summary

The Third District Court of Appeal reversed and remanded an order summarily denying Maurice Talley's motion for postconviction relief alleging ineffective assistance of trial counsel. The court held that the trial court failed to allow Talley an opportunity to amend four facially insufficient claims and failed to attach the record portions supporting summary denial of two other claims. The court directed further proceedings under Florida Rule of Criminal Procedure 3.850(f), including amendment, an evidentiary hearing, or attachment of the required record portions.

Holdings

1. When a timely rule 3.850 motion is insufficient on its face, the trial court must issue a nonfinal, nonappealable order allowing the defendant 60 days to amend before summarily denying the claim with prejudice.
2. A summary denial of a rule 3.850 claim is improper unless the order attaches the portions of the files and records that conclusively show the defendant is not entitled to relief; otherwise, the court must conduct an evidentiary hearing or provide other appropriate relief.

Questions Presented

1. Whether the circuit court erred by summarily denying Claims Two through Five as facially insufficient without allowing Talley an opportunity to amend under Florida Rule of Criminal Procedure 3.850(f)(2).
2. Whether the circuit court erred by summarily denying Claims One and Six without attaching the portions of the files and records conclusively showing that Talley was not entitled to relief or conducting an evidentiary hearing.

Disposition

reversed_and_remanded