Spera v. State

How courts have described this case

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

• holding that a trial court must allow the defendant at least one opportunity to amend facially insufficient claims
• holding that when trial courts deny relief because the record conclusively refutes the allegations, they need not permit the amendment of pleadings
• holding that striking facially insufficient pleadings and dismissing with prejudice without granting at least one opportunity to amend is an abuse of discretion unless the complaint is not amendable
• holding that a defendant who files a legally insufficient rule 3.850 motion for failing to meet pleading requirements should be allowed at least one opportunity to amend
• holding that a defendant should be given an opportunity to amend a facially insufficient rule 3.850 motion where the claim is not conclusively refuted by the record
• holding that postconviction movant was entitled to have an opportunity to cure insufficient claim of newly discovered evidence by refiling the motion with a properly sworn affidavit

Source: CourtListener parenthetical corpus (CC0).