Appellate Attorney Jaime Halscott talks about evidentiary hearings as part of the post-conviction relief process Because a 3.850 motion for post-conviction relief is a collateral attack on the conviction it deals with issues outside of the case record. This means that a 3.850 motion raises issues that require the court to hear additional evidence. If the case record does not conclusively refute the allegations in the 3.850 motion, then the court MUST conduct an evidentiary hearing.
An evidentiary hearing can be thought of as a mini-trial. Witnesses are called, evidence is presented, all with the goal of convincing the trial court that the issues raised in the 3.850 motion for post-conviction relief have merit and that the court should grant a new trial or take other appropriate actions to grant relief.
Unless the claims raised in the 3.850 motion are clear from the record there is supposed to be an evidentiary hearing. Claims involving changes to the law, however, may not require the Rule 3.850 motion to conduct a full evidentiary hearing.
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