· 1/6/2011
Franqui v. State
Citations
- 59 So. 3d 82
- 36 Fla. L. Weekly Supp. 1
- 2011 Fla. LEXIS 1
- 2011 WL 31379
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the court must accept the movant’s factual allegations as true in a rule 3.850 motion to the extent they are not refuted by the record
- recognizing that “mere conclusory allegations” are insufficient to state a claim under rule 3.850
- recognizing that “mere conclusory allegations” are insufficient to state a claim under rule 3.850
- stating that this Court will not substitute its judgment for that of the postconviction court on issues of witness credibility
- reviewing Strickland claims individually and cumulatively after determining that counsel may have been deficient in failing to object to multiple prosecutorial comments
- finding, based on the same evidence presented here, that the circuit court had competent, substantial evidence—two separate doctors found Franqui’s IQ was above 75 on the rule-approved psychological examinations—to find that Franqui is not mentally retarded
Source: CourtListener parenthetical corpus (CC0).
Judges: Canady, Pariente, Lewis, Quince, Polston, Labarga, Perry
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.