Havis v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “The phrase ‘files and records’ does not include factual affidavits presented to the court after the motion has been filed. Rather, this affidavit raises a new factual matter which must be considered at an evidentiary hearing on the motion.”
• “The phrase ‘files and records’ does not include factual affidavits presented to the court after the motion has been filed. Rather, this affidavit raises a new factual matter which must be considered at an evidentiary hearing on the motion.”
• counsel’s affidavit challenging defendant’s allegations in a Rule 3.850 motion did not constitute part of the “files and records,” available to the trial court when the motion was filed, so that an evidentiary hearing was required to address the “new factual matter” raised in the affidavit

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• Johnson v. State
  District Court of Appeal of Florida· 2006-10-06· cited 13×
• Forte v. State
  District Court of Appeal of Florida· 2016-04-20· cited 7×
• Maddry v. State
  District Court of Appeal of Florida· 1995-01-31· cited 6×
• Ciambrone v. State
  District Court of Appeal of Florida· 2013-12-11· cited 6×
• Mims v. State
  District Court of Appeal of Florida· 1996-05-02· cited 3×

Cites

4 cases in this archive are cited by this case.

• Strickland v. Washington
  Supreme Court· 1984-06-25· cited 123,578×
• Chambers v. State
  District Court of Appeal of Florida· 1988-08-31· cited 8×
• Havis v. State
  District Court of Appeal of Florida· 1987-02-04· cited 4×
• Havis v. State
  District Court of Appeal of Florida· 1984-12-14· cited 2×