McCaskill v. State
McCaskill v. State
Opinion of the Court
Cleophus McCaskill seeks reversal of an order denying his motion for post-conviction relief filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We affirm the denial of relief as to all matters raised in the motion except the allegation that appellant advised his defense counsel of the identity of two witnesses, Cynthia Moore and Christopher Moore, who could identify the actual perpetrator of the offense of which appellant was convicted.
We affirm the denial of relief as to the other allegations because the remaining allegations are either matters already considered on direct appeal or are legally insufficient for failure to indicate prejudice.
AFFIRMED in part, REVERSED in part, and REMANDED.
. Because no evidentiary hearing was entertained in this cause, we must accept as true those allegations not conclusively rebutted by the record. Harich v. State, 484 So.2d 1239 (Fla. 1986).
Reference
- Full Case Name
- Cleophus McCASKILL v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published