JIMMY HATCHER, APPELLANT,
v.
JOHN S. MILLER, JR., APPELLEE
JIMMY HATCHER, APPELLANT,
JOHN S. MILLER, JR., APPELLEE
479 So. 2d 848
Florida District Court of Appeal, First District (1985)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
The court having determined that it has jurisdiction of the issue raised on appeal and that the trial court did not abuse its discretion in entering its order to abate the trial proceedings, the trial court’s order is AFFIRMED.
WIGGINTON, NIMMONS and BAR-FIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Ford v. State, 825 So. 2d 358 (Fla. 2002)…hese witnesses clearly constituted trial tactics. It is true that such a decision is subject to collateral attack only in rare circumstances when the decision is so irresponsible as to constitute ineffective assistance of counsel. See Roth v. State, 479 So. 2d 848 (Fla. 3d DCA 1985). However, the failure to call witnesses can constitute ineffective assistance of counsel if the witnesses may have been able to cast doubt on the defendant’s [*361] guilt, and the defendant states in his motion the -witnesses’ nam…
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Jackson v. State, 711 So. 2d 1371 (Fla. 4th DCA 1998)…hese witnesses clearly constituted trial tactics. It is true that such a decision is subject to collateral attack only in rare circumstances when the decision is so irresponsible as to constitute ineffective assistance of counsel. See Roth v. State, 479 So. 2d 848 (Fla. 3d DCA 1985). However, the failure to call witnesses can constitute ineffective assistance of counsel if the witnesses may have been able to cast doubt on the defendant’s guilt, and the defendant states in his motion the witnesses’ names and t…
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Cooley v. State, 642 So. 2d 108 (Fla. 3d DCA 1994)…ll on the night of the murders. [*109] According to appellant, Mr. Russell is a cousin of the investigating officer. Absent extraordinary circumstances, failure of counsel to call a witness is not a ground for collateral attack. See Roth v. State, 479 So. 2d 848 (Fla. 3d DCA 1985); Suarez v. State, 338 So. 2d 546 (Fla. 3d DCA 1976). The record sub judiee fails to demonstrate extraordinary circumstances as there was ample evidence contradicting the alleged testimony of the two witnesses. Appellant has failed…
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