Mohr v. State
Cases that cite this one
5 later published cases cite this decision.
- Mayes v. State (Fla. Dist. Ct. App. 2011)
- Norman J. Thompson v. State of Florida (Fla. Dist. Ct. App. 2019)
- Smith v. Secretary, Department of Corrections (Pinellas County) (United States District Court for the Middle District of Florida 2022)
- Kevin Lee Elliott v. State of Florida (Fla. Dist. Ct. App. 2019)
- DELAROSA v. State (Fla. Dist. Ct. App. 2009)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Peter F. Mohr appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We reverse the postconviction court’s order with regard to the summary denial of ground three of Mr. Mohr’s motion. We affirm without comment the postconviction court’s denial of all other claims for relief.
In ground three, Mr. Mohr alleged that his trial counsel provided ineffective assistance because counsel failed to impeach a witness with her prior inconsistent statements. However, Mr. Mohr “did not allege on what portions of the testimony the witness[] could have been impeached or how the failure to do so affected his trial.” Keevis v. State, 908 So.2d 552, 554 (Fla. 2d DCA 2005). For this reason, the postcon-viction court summarily denied this claim as legally insufficient. We agree that the claim was legally insufficient. But, in light of the recent opinion in Spera v. State, 971 So.2d 754 (Fla. 2007), we reverse the summary denial of ground three and remand with instructions to strike this ground with leave to amend within a reasonable amount of time in accordance with Spera. See Sierra v. State, 993 So.2d 1064, 1065 (Fla. 1st DCA 2008).
*1250 Affirmed in part, reversed in part, and remanded with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.