Can Post-Conviction Relief Motion Be Denied Without An Evidentiary Hearing ?
In LeCroy v. Dugger, 727 So. 2d 236 (Fla. 1998), the court explained:
A motion for postconviction relief can be denied without an evidentiary hearing when the motion and the record conclusively demonstrate that the movant is entitled to no relief.
A defendant may not simply file a motion for postconviction relief containing conclusory allegations that his or her trial counsel was ineffective and then expect to receive an evidentiary hearing.
The defendant must allege specific facts that, when considering the totality of the circumstances, are not conclusively rebutted by the record and that demonstrate a deficiency on the part of counsel which is detrimental to the defendant.
"To uphold the trial court's summary denial of claims raised in a 3.850 motion, the claims must be either facially invalid or the record must conclusively refute them." Occhicone v. State, 768 So. 2d 1037, 1041 (Fla. 2000) (citing Florida Rule of Criminal Procedure 3.850(d); Peede v. State, 748 So. 2d 253 (Fla. 1999); and Rivera v. State, 717 So. 2d 477 (Fla. 1998)).