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Willis v. State

District Court of Appeal of Florida, Third District
May 3, 2000
756 So. 2d 261 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D00-546.

Opinion filed May 3, 2000.

An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Victoria Platzer, Judge, L.T. No. 96-40082.

Menelek Willis, in proper person.

Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.

Before JORGENSON, LEVY, and FLETCHER, JJ.


Menelek Willis appeals from the denial of his motion for postconviction relief alleging ineffective assistance of counsel. Because the record does not conclusively refute his claim, see Fla.R.App.P. 9.140(i), we reverse and remand for an evidentiary hearing on his claim that trial counsel should have moved to suppress his statements to police because they were obtained without an effective waiver, taking into specific consideration his age and his parents' absence from the questioning.

Reversed and remanded.


Summaries of

Willis v. State

District Court of Appeal of Florida, Third District
May 3, 2000
756 So. 2d 261 (Fla. Dist. Ct. App. 2000)
Case details for

Willis v. State

Case Details

Full title:MENELEK WILLIS, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 3, 2000

Citations

756 So. 2d 261 (Fla. Dist. Ct. App. 2000)