Willie Weaver v. State of Florida

Summary

The Florida Third District Court of Appeal affirmed the summary denial of Willie Weaver’s motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. The court concluded that Weaver’s claims were facially insufficient, conclusively refuted by the record, or procedurally barred.

Holdings

1. A trial court's summary denial of post-conviction claims may be affirmed when the claims are facially insufficient, conclusively refuted by the record, or procedurally barred.
2. The trial court properly summarily denied Weaver's post-conviction motion because all of his claims were facially insufficient, conclusively refuted by the record, or procedurally barred.
3. To establish ineffective assistance of counsel, a post-conviction petitioner must show both deficient performance and resulting prejudice.
4. A defendant cannot establish ineffective assistance of counsel based on counsel's failure to call a witness who is unavailable.
5. Trial counsel cannot be deemed ineffective for failing to raise meritless claims or claims that had no reasonable probability of affecting the outcome of the proceeding.
6. Issues that were or could have been litigated at trial and on direct appeal are not cognizable through collateral attack.
7. To be entitled to an evidentiary hearing on the type of competency claim addressed by the court, a movant must allege clear and convincing circumstances creating a real, substantial, and legitimate doubt as to competency.

Questions Presented

1. Whether the trial court properly summarily denied Weaver's Rule 3.850 motion for post-conviction relief.
2. Whether Weaver's claims were facially insufficient, conclusively refuted by the record, or procedurally barred.

Disposition

affirmed