Diggs v. State
Diggs v. State
Opinion of the Court
Appellant appeals the summary denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. For the reasons stated below, we reverse and remand to the trial court with instructions.
In 1983, appellant filed a rule 3.850 motion with the trial court, which was summarily denied. Appellant timely appealed to this court, which found:
In his Rule 3.850 motion, appellant alleged, inter alia, that he was denied effective assistance of counsel as a result of his attorney’s decision at the outset of trial to stipulate to the state’s oral motion in limine to not inquire of [a Tampa police officer’s] credibility. Such claim, if true, might entitle appellant to relief.
Diggs v. State, 440 So.2d 656 (Fla. 2d DCA 1983). Accordingly, we reversed the summary denial of appellant’s motion and remanded to the trial court with the usual instructions.
On remand, the trial court again denied appellant’s motion.
REVERSED and REMANDED.
. On remand, appellant’s case was not assigned to the original trial judge.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.