Barry Hoffman v. State Florida

Barry Hoffman, a prisoner under sentence of death, appeals from a summary denial of relief in the circuit court requested
under Florida Rule of Criminal Procedure 3.850, and a denial of access to records held by the state attorney. The facts of
the crime are stated in Hoffman's prior direct appeal to this Court. Hoffman v. State, 474 So.2d 1178 (Fla. 1985). We have
jurisdiction. Art. V, § 3(b)(1), Fla. Const. In the case below, Hoffman came forward with allegations based on affidavits and other information clearly establishing colorable
claims under rule 3.850. For example, he has alleged that the state withheld the names of other persons who purportedly confessed
to the murders of which Hoffman was convicted. At argument, the state conceded that such a claim, if valid, would require
relief under Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963). Hoffman also has alleged claims of ineffective
assistance of counsel and the failure of counsel to be present when Hoffman testified in the separate trial of his co-conspirator.