James Floyd, 42, is condemned for the murder of Annie Bar Anderson, who was fatally stabbed in her home on Jan. 16, 1984.

A trial judge denied Floyd's appeal in July 1999 without holding an evidentiary hearing.

In Thursday's unsigned opinion, Florida's high court said a defendant is entitled to a hearing on an appeal unless it's clear the motion will fail.

And when trial judges deny appeals without hearings, the Supreme Court has to accept the allegations made by the defendant if they are not refuted in the record.

"We have strongly urged trial courts to err on the side of granting evidentiary hearings in cases involving initial claims for ineffective assistance of counsel in capital cases," the Supreme Court said in its majority opinion, sending Floyd's appeal back to the trial court.

Justices Leander Shaw, Harry Lee Anstead, Barbara Pariente and R. Fred Lewis made up the majority. Chief Justice Charles Wells and Justice Major Harding dissented and Justice Peggy Quince was recused.

AP-ES-01-17-02 1838EST