Johnson v. State
Johnson v. State
Opinion of the Court
This is an appeal from an order denying post-conviction relief, which relief was sought under Fla.R.Crim.P. 3.850.
The petition for post-conviction relief is sufficient to require a hearing to determine the question of whether appellant was de
Acting pro-se, with no one to cross-examine the critical witness against him, his former lawyer, appellant was hardly given a chance to support his allegations, which allegations we and the trial judge agree were sufficient to require a hearing. In order to have a meaningful hearing where factual issues and disputes are involved, it is incumbent upon the court to allow both sides to be heard and to cross-examine each other. Smith; Harrell 458 So.2d at 902; Alfonso, 319 So.2d at 50. That was not done here, so we must reverse the order and remand for a hearing.
REVERSED and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.