Germain v. State
Germain appealed denial of his rule 3.850 motion after he was removed from the courtroom during his postconviction evidentiary hearing for repeatedly refusing to proceed and raising irrelevant matters. The Fifth DCA affirmed, holding that although an explicit warning before removal would have been preferable, no due process violation occurred because Germain, who bore the burden of proof, forfeited his opportunity to present evidence by his own conduct.
Key facts
- Germain appealed the denial of his rule 3.850 postconviction motion after being removed from his evidentiary hearing for repeatedly refusing to proceed and raising irrelevant matters.
- At the evidentiary hearing, Germain, who bore the burden of proof, was given the opportunity to present evidence but repeatedly refused to proceed despite being afforded that opportunity.
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Why it matters
This opinion gives postconviction practitioners and trial courts guidance on handling disruptive or uncooperative pro se movants at 3.850 evidentiary hearings: once a movant refuses to present evidence despite being… — full analysis with a trial
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