legally valid claim in Florida

2026Still, “[t]he defendant bears the burden to establish a prima facie case based on a legally valid claim; mere conclusory allegations are insufficient.” Franqui v. State, 59 So. 3d 82, 96 (Fla. 2011) (citing Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000)).

2025Still, “[t]he defendant bears the burden to establish a prima facie case based on a legally valid claim; mere conclusory allegations are insufficient.” Franqui v. State, 59 So. 3d 82, 96 (Fla. 2011) (citing Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000)).

2026Still, “[t]he defendant bears the burden to establish a prima facie case based on a legally valid claim; mere conclusory allegations are insufficient.” Franqui v. State, 59 So. 3d 82, 96 (Fla. 2011) (citing Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000)).

2025Still, “[t]he defendant bears the burden to establish a prima facie case based on a legally valid claim; mere conclusory allegations are insufficient.” Franqui v. State, 59 So. 3d 82, 96 (Fla. 2011) (citing Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000)).

2017See Knight v. State, 923 So. 2d 387, 403 (Fla. 2005) (“Conclusory allegations without more are insufficient to state a claim for relief in post conviction proceedings.” (citing Kennedy v. State, 547 So. 2d 912, 913 (Fla. 1989); Freeman v. State, 761 So. 2d 1055 (Fla. 2000))); Freeman, 761 So. 2d at 1061 (“The defendant bears the burden of establishing a prima facie case based upon a legally valid claim.

2017See Knight v. State, 923 So.2d 387, 403 (Fla. 2005) (“Conclusory allegations without more are insufficient to state a claim for relief in post conviction proceedings.” (citing Kennedy v. State, 547 So.2d 912, 913 (Fla. 1989); Freeman v. State, 761 So.2d 1055 (Fla. 2000))); Freeman, 761 So.2d at 1061 (“The defendant bears the burden of establishing a prima facie case based upon a legally valid claim.

2026A circuit court’s decision whether to grant an evidentiary hearing on a rule 3.851 motion “is tantamount to a pure question of law, subject to de novo review.” Marek v. State, 8 So. 3d 1123, 1127 (Fla. 2009) (citing State v. Coney, 845 So. 2d 120, 137 (Fla. 2003)). - 18 - A In his first argument on appeal, Hitchcock argues the circuit court erred when it sustained FDOC’s and FDLE’s objections to his demands for public records filed on April 1, 2026, and denied his requests.

2025A circuit court’s decision whether to grant an evidentiary hearing on a rule 3.851 motion “is tantamount to a pure question of law, subject to de novo review.” Marek v. State, 8 So. 3d 1123, 1127 (Fla. 2009) (citing State v. Coney, 845 So. 2d 120, 137 (Fla. 2003)).

2026A circuit court’s decision whether to grant an evidentiary hearing on a rule 3.851 motion “is tantamount to a pure question of law, subject to de novo review.” Marek v. State, 8 So. 3d 1123, 1127 (Fla. 2009) (citing State v. Coney, 845 So. 2d 120, 137 (Fla. 2003)). - 18 - A In his first argument on appeal, Hitchcock argues the circuit court erred when it sustained FDOC’s and FDLE’s objections to his demands for public records filed on April 1, 2026, and denied his requests.

2025A circuit court’s decision whether to grant an evidentiary hearing on a rule 3.851 motion “is tantamount to a pure question of law, subject to de novo review.” Marek v. State, 8 So. 3d 1123, 1127 (Fla. 2009) (citing State v. Coney, 845 So. 2d 120, 137 (Fla. 2003)).

2017“To uphold the trial court’s summary denial of claims raised in an initial postconviction motion, the record must conclusively demonstrate that the defendant is not entitled to relief.” Everett v. State, 54 So. 3d 464, 485 (Fla. 2010).

2017“To uphold the trial court’s summary denial of claims raised in an initial post-conviction motion, the record must conclusively demonstrate that the defendant is not entitled to relief.” Everett v. State, 54 So.3d 464, 485 (Fla. 2010).

2024“An evidentiary hearing must be held on an initial 3.851 motion whenever the movant makes a facially sufficient claim that requires factual determination.” Id. at 988 (quoting Barnes, 124 So. 3d at 911 ). “[T]he defendant bears the burden of establishing a prima facie case based on a legally valid claim.” Id. at 989 (internal quotations omitted) (quoting Barnes, 124 So. 3d at 911 ). “[T]o the extent there is any question as to whether a rule 3.851 movant has made a facially sufficient claim requiring a factual determination, the Court will presume that an evidentiary hearing is required.” Id.

2024“An evidentiary hearing must be held on an initial 3.851 motion whenever the movant makes a facially sufficient claim that requires factual determination.” Id. at 988 (quoting Barnes, 124 So. 3d at 911 ). “[T]he defendant bears the burden of establishing a prima facie case based on a legally valid claim.” Id. at 989 (internal quotations omitted) (quoting Barnes, 124 So. 3d at 911 ). “[T]o the extent there is any question as to whether a rule 3.851 movant has made a facially sufficient claim requiring a factual determination, the Court will presume that an evidentiary hearing is required.” Id.

2017Mere conclusory allegations are not sufficient to meet this burden.” (citing Kennedy, 547 So. 2d at 912 )); Ragsdale v. State, 720 So. 2d 203, 207 (Fla. 1998) (“We have encouraged trial courts to hold evidentiary hearings on postconviction motions.

2013“A summary or conclusory allegation is insufficient to allow the trial court to examine the specific allegations against the record.” Ragsdale v. State, 720 So.2d 203, 207 (Fla.1998); see also Jones v. State, 845 So.2d 55, 64 (Fla.2003) (“Post-conviction relief cannot be based on speculative assertions.”); Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000) (holding that “[t]he defendant bears the burden of establishing a prima facie case based upon a legally valid claim” and that conclusory allegations are not sufficient).

2013In establishing a prima facie case based on a legally valid claim, “mere conelusory allegations are insufficient.” Franqui, 59 So.3d at 96 ; see also Doorbal v. State, 983 So.2d 464, 482 (Fla.2008).

2008Mere conclusory allegations are not sufficient to meet this burden.” Id. at 229; see also Morgan v. State, 991 So.2d 835, 841 (Fla.2008); Doorbal v. State, 983 So.2d 464, 482-84 (Fla.2008); McDonald v. State, 952 So.2d 484, 489-90 (Fla.2006); Jones v. State, 928 So.2d 1178, 1182 (Fla.2006); Parker v. State, 904 So.2d 370, 378 (Fla.2005); Wright v. State, 857 So.2d 861, 873 (Fla.2003); Reaves v. State, 826 So.2d 932, 939-40 (Fla.2002); Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000); LeCroy v. Dugger, 727 So.2d 236, 239-41 (Fla.1998); Jackson v. Dugger, 633 So.2d 1051, 1054 (Fla.1993); Kenned

2013See Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000) (noting that “[t]he defendant bears the burden of establishing a prima facie case based upon a legally valid claim” and eonclusory allegations are not sufficient); see also Jones v. State, 845 So.2d 55, 64 (Fla.2003) (“Postconviction relief cannot be based on speculative assertions.”).

2013See Freeman, 761 So.2d at 1061 (explaining that ”[t]he defendant bears the bur den of establishing a prima facie case based upon a legally valid claim” and conclusory allegations are not sufficient); see also Jones, 845 So.2d at 64 . .

2017However, merely conclusory allegations are not sufficient—the defendant bears the burden of “establishing a ‘prima facie case based on a legally valid claim.’ ” Valentine, 98 So. 3d at 54 (quoting Franqui, 59 So. 3d at 96 ).

2017The defendant bears the burden of “establishing a ‘prima facie case based on a legally valid claim.’ ” Barnes v. State, 124 So. 3d 904, 911 (Fla. 2013) (quoting Valentine v. State, 98 So. 3d 44, 54 (Fla. 2012)).

2017For Brady claims, “the defendant ultimately carries the burden of establishing a prima facie case based upon a legally valid claim.” Id. at 1115 .

2017For Brady claims, “the defendant" ultimately carries the burden of establishing a prima facie case based upon a legally valid claim.” Id. at 1115 . • Here, Serrano failed to demonstrate that the extradition packet cover letter and the Ecuadorian Consul’s letter constitute Brady material.

2012“The defendant bears the burden of establishing a prima facie case based upon a legally valid claim.” Atwater v. State, 788 So.2d 223, 229 (Fla.2001).

2002Id.

2024See Patton v. State, 784 So. 2d 380, 386 (Fla. 2000).

2019See, e.g., Gilliams v. State, 262 So. 3d 869, 870 (Fla. 1st DCA 2019) (“The bullet wound was a life-threatening injury for which medical malpractice or lack of 17 optimal medical care was not a legally valid defense under the circumstances”).

2017The burden is also “on the defendant, not the State, to show a ‘reasonable probability’ that the result would have been different” but for counsel’s error. -9- Crain v. State, 78 So. 3d 1025, 1034 (Fla. 2011) (quoting Wong v. Belmontes, 558 U.S. 15, 27 (2009)).

2017See Knight v. State, 923 So. 2d 387, 403 (Fla. 2005) (“Conclusory allegations without more are insufficient to state a claim for relief in post conviction proceedings.” (citing Kennedy v. State, 547 So. 2d 912, 913 (Fla. 1989); Freeman v. State, 761 So. 2d 1055 (Fla. 2000))); Freeman, 761 So. 2d at 1061 (“The defendant bears the burden of establishing a prima facie case based upon a legally valid claim.

2017See Knight v. State, 923 So.2d 387, 403 (Fla. 2005) (“Conclusory allegations without more are insufficient to state a claim for relief in post conviction proceedings.” (citing Kennedy v. State, 547 So.2d 912, 913 (Fla. 1989); Freeman v. State, 761 So.2d 1055 (Fla. 2000))); Freeman, 761 So.2d at 1061 (“The defendant bears the burden of establishing a prima facie case based upon a legally valid claim.

2017The burden is also “on the defendant, not the State, to show a ‘reasonable probability’ that the result would have been different” but for counsel’s error. -9- Crain v. State, 78 So. 3d 1025, 1034 (Fla. 2011) (quoting Wong v. Belmontes, 558 U.S. 15, 27 (2009)).

2014This standard informs a trial court’s discretionary decision to grant or deny a request for counsel because, according to our state supreme court, “[tjhere is absolutely no duty to appoint counsel for an indigent defendant in a post-conviction relief proceeding unless the application on its face reflects a colorable or justiciable issue or a meritorious grievance.” Graham v. State, 372 So.2d 1363, 1366 (Fla.1979).

2014However, con-clusory allegations are not sufficient — the defendant bears the burden of “establishing ‘a prima facie case based on a legally valid claim.’” Id. (quoting Franqui, 59 So.3d at 96 ). “[T]o the extent there is any question as to whether a rule 3.851 movant has made a facially sufficient claim requiring a factual determination, the Court will presume that an evidentiary hearing is required.” Walker v. State, 88 So.3d 128, 135 (Fla.2012).

2012See Rodriguez, 3 96 So.2d at 799.

2008Mere conclusory allegations are not sufficient to meet this burden.” Id. at 229; see also Morgan v. State, 991 So.2d 835, 841 (Fla.2008); Doorbal v. State, 983 So.2d 464, 482-84 (Fla.2008); McDonald v. State, 952 So.2d 484, 489-90 (Fla.2006); Jones v. State, 928 So.2d 1178, 1182 (Fla.2006); Parker v. State, 904 So.2d 370, 378 (Fla.2005); Wright v. State, 857 So.2d 861, 873 (Fla.2003); Reaves v. State, 826 So.2d 932, 939-40 (Fla.2002); Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000); LeCroy v. Dugger, 727 So.2d 236, 239-41 (Fla.1998); Jackson v. Dugger, 633 So.2d 1051, 1054 (Fla.1993); Kenned

2008Mere conclusory allegations are not sufficient to meet this burden.” Id. at 229; see also Morgan v. State, 991 So.2d 835, 841 (Fla.2008); Doorbal v. State, 983 So.2d 464, 482-84 (Fla.2008); McDonald v. State, 952 So.2d 484, 489-90 (Fla.2006); Jones v. State, 928 So.2d 1178, 1182 (Fla.2006); Parker v. State, 904 So.2d 370, 378 (Fla.2005); Wright v. State, 857 So.2d 861, 873 (Fla.2003); Reaves v. State, 826 So.2d 932, 939-40 (Fla.2002); Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000); LeCroy v. Dugger, 727 So.2d 236, 239-41 (Fla.1998); Jackson v. Dugger, 633 So.2d 1051, 1054 (Fla.1993); Kenned

2008Mere conclusory allegations are not sufficient to meet this burden.” Id. at 229; see also Morgan v. State, 991 So.2d 835, 841 (Fla.2008); Doorbal v. State, 983 So.2d 464, 482-84 (Fla.2008); McDonald v. State, 952 So.2d 484, 489-90 (Fla.2006); Jones v. State, 928 So.2d 1178, 1182 (Fla.2006); Parker v. State, 904 So.2d 370, 378 (Fla.2005); Wright v. State, 857 So.2d 861, 873 (Fla.2003); Reaves v. State, 826 So.2d 932, 939-40 (Fla.2002); Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000); LeCroy v. Dugger, 727 So.2d 236, 239-41 (Fla.1998); Jackson v. Dugger, 633 So.2d 1051, 1054 (Fla.1993); Kenned

2008Mere conclusory allegations are not sufficient to meet this burden.” Id. at 229; see also Morgan v. State, 991 So.2d 835, 841 (Fla.2008); Doorbal v. State, 983 So.2d 464, 482-84 (Fla.2008); McDonald v. State, 952 So.2d 484, 489-90 (Fla.2006); Jones v. State, 928 So.2d 1178, 1182 (Fla.2006); Parker v. State, 904 So.2d 370, 378 (Fla.2005); Wright v. State, 857 So.2d 861, 873 (Fla.2003); Reaves v. State, 826 So.2d 932, 939-40 (Fla.2002); Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000); LeCroy v. Dugger, 727 So.2d 236, 239-41 (Fla.1998); Jackson v. Dugger, 633 So.2d 1051, 1054 (Fla.1993); Kenned

2008Mere conclusory allegations are not sufficient to meet this burden.” Id. at 229; see also Morgan v. State, 991 So.2d 835, 841 (Fla.2008); Doorbal v. State, 983 So.2d 464, 482-84 (Fla.2008); McDonald v. State, 952 So.2d 484, 489-90 (Fla.2006); Jones v. State, 928 So.2d 1178, 1182 (Fla.2006); Parker v. State, 904 So.2d 370, 378 (Fla.2005); Wright v. State, 857 So.2d 861, 873 (Fla.2003); Reaves v. State, 826 So.2d 932, 939-40 (Fla.2002); Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000); LeCroy v. Dugger, 727 So.2d 236, 239-41 (Fla.1998); Jackson v. Dugger, 633 So.2d 1051, 1054 (Fla.1993); Kenned

2008Mere conclusory allegations are not sufficient to meet this burden.” Id. at 229; see also Morgan v. State, 991 So.2d 835, 841 (Fla.2008); Doorbal v. State, 983 So.2d 464, 482-84 (Fla.2008); McDonald v. State, 952 So.2d 484, 489-90 (Fla.2006); Jones v. State, 928 So.2d 1178, 1182 (Fla.2006); Parker v. State, 904 So.2d 370, 378 (Fla.2005); Wright v. State, 857 So.2d 861, 873 (Fla.2003); Reaves v. State, 826 So.2d 932, 939-40 (Fla.2002); Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000); LeCroy v. Dugger, 727 So.2d 236, 239-41 (Fla.1998); Jackson v. Dugger, 633 So.2d 1051, 1054 (Fla.1993); Kenned