(Download) "Mcclain v. Crawford" by Florida Court of Appeals " eBook PDF Kindle ePub Free

July 25, 2021

eBook details

Title: Mcclain v. Crawford
Author : Florida Court of Appeals
Release Date : January 10, 2002
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 48 KB

Description

Mr. Crawford filed a motion to dismiss on the grounds (1) that the complaint was full of conclusory allegations and not statements of fact; (2) that the complaint was improperly pled (vague); (3) that Mr. Crawford could not file a Federal Rule of Criminal Procedure 35 motion because such motions must be filed by the government; (4) that Mr. McClain pleaded guilty to federal criminal charges; and (5) that The Florida Bar found no violation of its rules in a prior grievance proceeding. Following a hearing on the motion, at which the incarcerated Mr. McClain participated by telephone, Circuit Judge Durrance dismissed the complaint, finding that "[t]he complaint alleges insufficient facts to establish venue in Polk County, Florida. Accordingly, the Motion to Dismiss is hereby granted. This dismissal is with prejudice insofar as refiling in Polk County, Florida."