Smith v. State
Smith v. State
Opinion of the Court
Appellant, Jamel Smith, appeals the summary denial of his three-claim motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the summary denial of Smith’s second and third claims without further discussion, but reverse that portion of the order summarily denying Smith’s first claim. In that claim, Smith alleged that his trial counsel was ineffective for failing to call three alibi witnesses. Smith supported the motion with affidavits from two of the purported witnesses, as well as his own affidavit. The trial court correctly noted that Smith did not include in his affidavit any sworn statement that the witnesses were available to testify. To the extent that this was the basis for the trial court’s denial, Smith should have been given an opportunity to amend his motion. See Spera v. State, 971 So.2d 754 (Fla. 2007). The trial court also discussed the affidavits and concluded that the testimony would not have made a difference at trial, in part based upon the judge’s conclusion that none of the witnesses actually accounted for Smith’s whereabouts at the time of the crime for which Smith was convicted. Contrary to
AFFIRMED IN PART; REVERSED IN PART; REMANDED WITH DIRECTIONS.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.