Harris v. State
Harris v. State
Opinion of the Court
Appellant, Richard E. Harris, appeals a final order summarily denying his Florida Rule of Criminal Procedure 3.850 motion and an order denying his motion to amend *154his claims. We affirm in part, reverse in part, and remand for further proceedings.
In his motion, Appellant alleged, among other claims: (1) that his counsel suffered from a conflict of interest, (2) that his counsel was ineffective for failing to investigate several inconsistencies in the testimony of a key Williams
First, although the trial court did not abuse its discretion in denying Appellant's request to raise new and untimely claims, the court did err when it denied Appellant's motion to amend his existing and timely raised claims. See Johnson v. State ,
Second, we conclude that the records attached to the trial court's order do not conclusively refute Appellant's amended claims in grounds three and four.
AFFIRMED in part; REVERSED in part; REMANDED.
WALLIS, EISNAUGLE and HARRIS, JJ., concur.
Williams v. State ,
Appellant filed his proposed amended motion before the trial court denied his motion to amend.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.