ABNER LAMAR HAVARD AND JOSEPH CARL MAJEWSKI, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellants Havard and Majewski seek review of the lower court’s denial, without a hearing, of their motion for post conviction relief. The summary denial of appellants’ motion was proper with one exception. We affirm in part and reverse in part.
Appellants’ claim that they received ineffective assistance of counsel by virtue of their attorney’s failure to investigate alibi witnesses who appellants argue could have substantiated their claim of being in another state at the time the crimes of which they were convicted were committed. Because this particular allegation states a facially sufficient claim for relief, we remand this cause for further proceedings in accordance with the provisions of Fla.R. Crim.P. 3.850. Majewski v. State, 487 So. 2d 32 (Fla. 1st DCA 1986); reh’g denied, (Fla. 1st DCA 1986). In all other respects, the court’s denial of relief is affirmed.
BOOTH, C.J., and ERVIN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mallory v. State, 577 So. 2d 987 (Fla. 4th DCA 1991)…attorney’s failure to investigate alibi witnesses who Mallory argues could have substantiated his alibi. Because this particular allegation states a facially sufficient claim for relief, we remand this cause for further proceedings. Havard v. State, 489 So. 2d 875 (Fla. 1st DCA 1986). In all other respects we affirm. DOWNEY, LETTS and GUNTHER, JJ., concur.…
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Overton v. State, 531 So. 2d 1382 (Fla. 1st DCA 1988)…through the exercise of no more than reasonable diligence. Overton’s next allegation concerning inadequate pre-trial investigation pertains to counsel’s failure to determine the existence of purportedly exculpatory information. In Havard v. State, 489 So. 2d 875 (Fla. 1st DCA 1986), this court held that an allegation of ineffective assistance predicated on counsel’s failure to investigate alibi witnesses who could have substantiated a claim that appellant was in another state when the crimes were committed…
Authorities Cited
- Majewski v. State, 487 So. 2d 32 (Fla. 1st DCA 1986)