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· 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 CourtListener

Sourced 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.