Seavey v. State, 57 So. 3d 978

Seavey was convicted by a jury of aggravated battery of a pregnant person and false imprisonment.
Direct appeal was affirmed per curiam by this court.
Seavey timely filed a postconviction motion under Fla. R. Crim. P. 3.850.
Grounds alleged: ineffective assistance for failures related to investigation, Frye hearing, judgment of acquittal, jury instructions, and quashing a count.
The trial court granted an evidentiary hearing on ground one but summarily denied grounds two, three, and five.
The appellate court affirmed grounds two, three, and five, reversed ground one for a new hearing, and reversed ground four with remand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Counsel at evidentiary hearing	Seavey lacked counsel at the first hearing; he needed representation.	No clear right to appointed counsel at that stage; claims were insufficient.	Remanded to appoint postconviction counsel for ground one.
Incomplete false imprisonment instruction	Trial instruction omitted 'forcibly, secretly, or by threat' element.	Instruction otherwise adequate or not material to verdict.	Remanded; require records to refute or hold evidentiary hearing on ground four.
Other grounds (2, 3, 5) sufficiency	Ineffective assistance claims merit discussion and could affect outcome.	Claims lack merit or were properly denied.	Affirmed summary denial of grounds 2, 3, and 5.
Ground one on remand	Ground one merits a new evidentiary hearing.	Proceedings already concluded; no further hearing needed.	Ground one reversed; remanded for new evidentiary hearing with counsel.

State v. Delva, 575 So. 2d 643 (Fla.1991) (complete jury instruction required; material to verdict)
Williams v. State, 472 So. 2d 738 (Fla.1985) (need for counsel at hearings in certain postconviction contexts)
Graham v. State, 372 So. 2d 1363 (Fla.1979) (standards for appointment of postconviction counsel)
Anders v. California, 386 U.S. 738 (U.S. Supreme Court, 1967) (Anders procedure for Anders-type appeals)