JOHN R. NEWTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court reversed the summary denial of Newton's ineffective assistance of counsel claim based on failure to request a jury instruction on a necessarily lesser included offense, remanding for further consideration while affirming denial of other allegations.
A trial court must allow further proceedings on an ineffective assistance claim alleging failure to request a lesser included offense instruction when the claim is facially sufficient and the record does not conclusively refute it.
[1] A trial court must allow further proceedings on a facially sufficient ineffective assistance of counsel claim alleging failure to request a lesser included offense instru…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceJohn R. Newton appealed the summary denial of his Rule 3.850 postconviction motion alleging ineffective assistance of trial counsel for failure to req…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Necessarily Lesser Included Offense cases and more on FLexlaw
PER CURIAM.
John R. Newton appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Only one allegation in Newton’s motion, ineffective assistance of trial counsel for failure to request a jury instruction on a necessarily lesser included offense, is facially sufficient. See Wilcott v. State, 509 So. 2d 261 (Fla.1987); Spaziano v. State, 522 So. 2d 525 (Fla. 2d DCA 1988); Bateson v. State, 516 So. 2d 280 (Fla. 1st DCA 1987); Tessier v. State, 462 So. 2d 123 (Fla. 2d DCA 1985). The trial court’s order summarily denying this allegation and the attachments thereto do not refute Newton’s allegation.
Accordingly, we reverse the trial court’s order and remand for further consideration of this claim. On remand, unless the files and records conclusively show that Newton is not entitled to relief, the trial court shall order the state to file an answer. After receipt of the answer, the trial court shall determine whether an evidentiary hearing is required. If the trial court should again deny the motion, Newton will have thirty days in which to appeal. The trial court’s denial of Newton’s other allegations is affirmed.
SCHOONOVER, A.C.J., and LEHAN and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sanders v. State, 946 So. 2d 953 (Fla. 2006)…7 So. 2d 987 (Fla. 1st DCA 1994); and Bateson v. State, 516 So. 2d 280 (Fla. 1st DCA 1987)). It certified conflict with Peffley v. State, 766 So. 2d 418 (Fla. 4th DCA 2000), Oehling v. State, 659 So. 2d 1226 (Fla. 5th DCA 1995), and Newton v. State, 527 So. 2d 876 (Fla. 2d DCA 1988). Sanders, 847 So. 2d at 508. II. ANALYSIS The defendants in these cases argue that their defense counsel were constitutionally ineffective for failing to request jury instructions on lesser-included offenses. They further argue…
-
Oehling v. State, 659 So. 2d 1226 (Fla. 5th DCA 1995)…this ground. Failure to request an instruction on a necessarily included lesser offense is a legally sufficient ground to support an ineffective assistance of counsel claim. See Kennedy v. State, 637 So. 2d 987 (Fla. 1st DCA 1994); Newton v. State, 527 So. 2d 876 (Fla. 2d DCA 1988). The attorney general takes the position, in this case, that because the trial court earlier ordered a response from the state which asserted the lesser included instruction had in fact been given, Oehling’s ease is legally insuff…
-
Sanders v. State, 847 So. 2d 504 (Fla. 1st DCA 2003)…st DCA 1996), and Kennedy v. State, 637 So. 2d 987 (Fla. 1st DCA 1994). We also certify conflict with decisions such as Peffley v. State, 766 So. 2d 418 (Fla. 4th DCA 2000), Oehling v. State, 659 So. 2d 1226 (Fla. 5th DCA 1995), and Newton v. State, 527 So. 2d 876 (Fla. 2d DCA 1988). AFFIRMED. [*509] ALLEN, C.J., BOOTH, BARFIELD, WOLF, KAHN, WEBSTER, DAVIS, VAN NORTWICK, PADOVANO, LEWIS, POLSTON and HAWKES, JJ., CONCUR. ERVIN, J., CONCURS and DISSENTS WITH OPINION, in which BENTON and BROWNING, JJ., CONCUR.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wilcott v. State, 509 So. 2d 261 (Fla. 1987)
- Spaziano v. State, 522 So. 2d 525 (Fla. 2d DCA 1988)
- Bateson v. State, 516 So. 2d 280 (Fla. 1st DCA 1987)
- Tessier v. State, 462 So. 2d 123 (Fla. 2d DCA 1985)