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495 So. 2d 276

495 So.2d 276

11 Fla.L.Weekly 2097

Docket No. 86-701.

Tedder v. State

Mack Reed TEDDER, II, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 2, 1986.

District Court of Appeal of Florida · decided 1986-10-02

Cited by 4 later decisions — most recently April 2001

4 state decisions

Key passage — most relied on by later courts

““Nevertheless, the trial court’s summary denial of the motion should be affirmed if it is facially insufficient. Lilley v. State, 483 So.2d 56 (Fla. 5th DCA 1986). We first note that allegations pertaining to ineffective assistance of counsel must be detailed in an appropriate pleading. Knight v. State, 394 So.2d 997, 1001 (Fla.1981). Moreover, the pleader must proffer evidence which is available to support the specific factual allegations. Zeigler v. State, 452 So.2d 537, 539 (Fla. 1984). Those facts must be of a prejudicial nature. Strickland v. Wash ington, 466 U.S. 668 , 104 S.Ct. 2052, 2069-2070 , 80 L.Ed.2d 674 (1984); Harich v. State, 484 So.2d 1239 (Fla.1986). Upon our review of the sworn allegations in petitioner’s motion, we find no specific factual allegations in regard to deficient conduct by counsel depriving petitioner of an exculpatory benefit so as to justify an evidentiary hearing. See Anderson v. State, 471 So.2d 661 (Fla. 1st DCA 1985); Ables v. State, 404 So.2d 137 (Fla. 5th DCA 1981).””

quoted by 1 later decision, including 502 So. 2d 519 - Finney v. State

Relies on Strickland v. Washington · Knight v. State · State Ex Rel. Pensacola News-Journal, Inc. v. Fleet

Good law ✅— No negative treatment on recordhow we know

Decided 1986-10-02

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3COBB, Judge.

¶4The appellant, Mack R. Tedder, who is serving a life sentence for murder, filed a pro se 3.850 motion below, which was summarily denied on the basis of laches. See Tolar v. State,196 So.2d 1 (Fla. 4th DCA 1967). Laches, however, requires a showing of prejudice to the state. See Remp v. State,248 So.2d 677 (Fla. 1st DCA 1970). There was no such showing here. Nor was there an inquiry into Tedder's exercise of due diligence. See Babson v. Wainwright,376 So.2d 1187 (Fla. 5th DCA *277 1979), cert. denied,388 So.2d 1109 (Fla. 1980). Therefore, the trial court's reason for denying the motion was erroneous.

¶5Nevertheless, the trial court's summary denial of the motion should be affirmed if it is facially insufficient. Lilley v. State,483 So.2d 56 (Fla. 5th DCA 1986). We first note that allegations pertaining to ineffective assistance of counsel must be detailed in an appropriate pleading. Knight v. State,394 So.2d 997, 1001 (Fla. 1981). Moreover, the pleader must proffer evidence which is available to support the specific factual allegations. Zeigler v. State,452 So.2d 537, 539 (Fla. 1984). Those facts must be of a prejudicial nature. Strickland v. Washington,466 U.S. 668, 104 S.Ct. 2052, 2069-2070, 80 L.Ed.2d 674 (1984); Harich v. State,484 So.2d 1239 (Fla. 1986).

¶6Upon our review of the sworn allegations in petitioner's motion, we find no specific factual allegations in regard to deficient conduct by counsel depriving petitioner of an exculpatory benefit so as to justify an evidentiary hearing. See Anderson v. State,471 So.2d 661 (Fla. 1st DCA 1985); Ables v. State,404 So.2d 137 (Fla. 5th DCA 1981).

¶7Affirmed.

¶8DAUKSCH and COWART, JJ., concur.

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