Background
Javarius M. Jackson appealed the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. He raised several ineffective-assistance-of-counsel claims.
Ground 4 alleged that trial counsel failed to investigate and locate an alibi witness named “Michelle,” who Jackson claimed was with him on the other side of Jacksonville when the crime occurred. Jackson acknowledged that he had no additional information about the witness or her location.
The Court’s Holding
The Fifth District affirmed the summary denial of Jackson’s claims other than Ground 4 without further comment. It reversed as to Ground 4, applying the rule that a postconviction claim may be summarily denied only when it is facially invalid or conclusively refuted by the record.
On remand, the postconviction court must either allow Jackson to amend Ground 4, conduct an evidentiary hearing, or attach portions of the record that conclusively refute the claim. Judge Harris dissented, reasoning that Ground 4 was facially insufficient because Jackson did not allege that Michelle was available to testify and was also refuted by Jackson’s statement during a trial colloquy that there were no witnesses he wanted counsel to call.
Key Takeaways
- The appellate court reversed only the summary denial of Jackson’s claim that counsel failed to investigate and locate an alleged alibi witness.
- The decision does not award Jackson postconviction relief on the merits; it requires amendment, an evidentiary hearing, or record attachments conclusively refuting Ground 4.
- The dissent would have affirmed because Jackson did not allege the witness was available to testify and had told the trial court that he did not want counsel to call any witnesses.
Why It Matters
The decision reinforces that a Rule 3.850 court cannot summarily reject a potentially colorable failure-to-investigate claim unless the claim is facially invalid or the attached record conclusively defeats it. When the existing ruling does not satisfy that standard, the court must permit amendment, hold a hearing, or supply the record support for summary denial.