Neeley v. State
The Fourth District reversed the summary denial of a rule 3.850 motion based on newly discovered evidence of an uncommunicated plea offer, holding that the attached affidavit's unnotarized declaration tracking section 92.525(2)'s language was legally sufficient verification. The court clarified that its prior decision in Placide v. State did not require both a section 92.525(2) declaration AND a sworn oath before an officer authorized to administer oaths, but rather that either method independently suffices under section 92.525(1).
Key facts
- Appellant Neeley sought postconviction relief under Rule 3.850 based on newly discovered evidence of an uncommunicated plea offer that trial counsel failed to convey.
- The trial court summarily denied Neeley's postconviction motion, finding the supporting affidavit facially insufficient because it lacked notarization.
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Why it matters
This opinion directly rebuts a recurring state argument that postconviction affidavits must be both notarized/sworn AND contain the statutory perjury declaration, clarifying that the signed written declaration under… — full analysis with a trial
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