Welch v. State
Welch v. State
Opinion of the Court
Johnny L. Welch appeals the summary denial of his Amended Post-conviction Motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Welch raises
We reverse and remand the circuit court’s summary denial of claim “C” in Welch’s amended post-conviction motion, arguing that trial counsel was ineffective for failing to file a motion to obtain the name of and any other information regarding the confidential informant that testified for the state at trial. See State v. LaBron, 24 So.3d 715 (Fla. 4th DCA 2009) (providing that the state has a limited privilege to withhold the identity of a confidential informant and providing instances where disclosure is required). In summarily denying this claim, the circuit court reasoned that the state did disclose the existence of a confidential informant,
Accordingly, with respect to claim “C,” we remand for the circuit court to attach portions of the record that conclusively refute the allegations or to conduct an evidentiary hearing. We affirm the remaining issues raised by Welch without discussion.
AFFIRMED in part, REVERSED in part, and REMANDED.
. The State's Supplemental Exhibit disclosed that the state intended to call “Cl# 426” as a witness.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.