Florida District Courts of Appeal, 1983

Hall v. Wainwright

Hall v. Wainwright
Florida District Courts of Appeal · Decided September 21, 1983 · Glickstein, Hersey, Walden
437 So. 2d 798; 1983 Fla. App. LEXIS 23652 (Southern Reporter, Second Series)

Hall v. Wainwright

Opinion of the Court

HERSEY, Judge.

We grant the petition for writ of habeas corpus to afford belated review of a summary denial of a motion for relief under Rule 3.850, Florida Rules of Criminal Procedure. Denial was based upon a ruling that ineffective assistance of counsel should have been raised by direct appeal and was therefore an inappropriate basis for a motion under the rule. This being a misconception of the law, we reverse and remand for a hearing on the merits of the motion.

REVERSED.

GLICKSTEIN and WALDEN, JJ., concur.

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