FL5: Def made prima facie case that counsel’s abandoned search claim could have won; reversed

Defendant made a prima facie case at his post-conviction hearing. The evidence presented at the evidentiary hearing showed there was a reasonable probability that the motion to suppress would have been granted if pursued, and the evidence the State needed to prove the substantive violations would have been suppressed. He was stopped on the street walking home from work at Burger King where the officer drew down on him and handcuffed him and searched him. A paring knife was in his pocket, and he was convicted of possession of a weapon based on that. Madison v. State, 2019 Fla. App. LEXIS 13731 (Fla. 5th DCA Sept. 13, 2019).

The trial court erred in suppressing the evidence. The false statements alleged to be in the affidavit for search warrant weren’t material to the outcome. The suppression occurred before the case could be bound over, so it’s remanded for a new bind over decision. People v. Cunningham, 2019 Mich. App. LEXIS 5415 (Sept. 11, 2019).*

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