WILLIAM EDWARD WILLIAMSON, 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.
William Edward Williamson appealed the denial of his post-conviction motion for ineffective assistance of trial counsel. The court affirmed dismissal of two claims but reversed and remanded the claim regarding counsel's failure to object to closed-circuit television testimony of the victim.
The court held that the claims regarding failure to investigate and call witnesses and failure to investigate victim coaching were facially insufficient because Williamson failed to allege witness identities and availability. However, the court held that Williamson stated a cognizable claim regarding counsel's failure to object to the closed-circuit television procedure.
[1] A defendant moving for postconviction relief based on ineffective assistance of counsel must describe the substance of the testimony of uncalled witnesses and explain how…
[2] A claim of ineffective assistance of counsel based on the failure to call witnesses is facially sufficient if the defendant identifies the witnesses, describes the substa…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Williamson's failure to allege the identities of the uncalled witnesses, and his failure to state whether those witnesses were available for trial, rendered the first and second allegations facially insufficient.”
Establishes the standard for facial sufficiency of post-conviction claims alleging failure to call witnesses
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWilliamson was convicted of capital sexual battery. In his post-conviction motion, he alleged that trial counsel failed to: (1) investigate and call c…
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 Ineffective Assistance Of Trial Counsel cases and more on FLexlaw
PER CURIAM.
William Edward Williamson appeals the summary denial of his motion for post-conviction relief in which he alleged ineffective assistance of trial counsel.1 Of the seven points raised in this appeal, only three were presented to the trial court: (1) trial counsel failed to investigate, locate, depose and call unnamed, but identifiable, witnesses for trial; (2) trial counsel failed to investigate and discover that the victim was coached by her maternal grandfather; (3) trial counsel failed to object to the victim’s closed-circuit television testimony.2 We hold that the trial court correctly found the motion facially insufficient as it related to the first and second allegations for relief.
However, we find that Williamson stated a cognizable claim of ineffective assistance of trial counsel with respect to the third allegation.
We reverse and remand with directions that the court properly comply with Florida Rule of Criminal Procedure 3.850.
Williamson’s failure to allege the identities of the uncalled witnesses, and his failure to state whether those witnesses were available for trial, rendered the first and second allegations facially insufficient. See Robinson v. State, 516 So. 2d 20 (Fla. 1st DCA 1987). Attached to Williamson’s initial brief are affidavits of the uncalled witnesses, stating that defense counsel told them to stay home from trial. Williamson also attempts to amend his initial brief by written motion in which he identifies the uncalled witnesses, asserts that they were available for trial and describes their testimony.
However, Williamson did not present this information to the trial court. Under these circumstances, neither the affidavits nor the motion to amend may be considered by this court in reviewing the post-conviction motion. See Russell v. State, 521 So. 2d 379 (Fla. 1st DCA 1988); Robinson; McCorkle v. State, 419 So. 2d 373 (Fla. 1st DCA 1982).
With respect to Williamson’s allegation that defense counsel was ineffective for failing to object to the use of the closed circuit television procedure, the State concedes that defense counsel did not object to the procedure.
The State contends, however, that an objection to the closed-circuit procedure would have been unavailing in light of the constitutionality of the statute authorizing the procedure. The State also contends that Coy v. Iowa, 487 U.S. 1012, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988), which rejected the use of a screen at trial to block a child witness’ view of the accused defendant, was decided after Williamson’s trial and, therefore, defense counsel was not required to anticipate that decision. Because Williamson failed to demonstrate that defense counsel acted in a deficient manner, the State found it unnecessary to address whether any prejudice occurred as a result of defense counsel’s actions.
The State’s analysis misses the mark. The specific issue in this appeal is not whether the use of the closed circuit television procedure comported with the confrontation clause. The issue is whether defense counsel’s failure to object to the procedure or ask any questions at the hearing constituted ineffective assistance of trial counsel.
The trial court addressed the merits of this issue and summarily denied the post-conviction motion without attaching relevant portions of the record which conclusively showed that Williamson was not entitled to relief, as required under rule 3.850.
We reverse and remand with directions that the court either support its summary disposition of the third allegation of the post-conviction motion with relevant attachments conclusively demonstrating that Williamson is not entitled to relief, or conduct an evidentiary hearing in. compliance with rule 3.850.
AFFIRMED in part; REVERSED in part and REMANDED to the trial court.
WENTWORTH and BARFIELD, JJ„ concur. ERVIN, J., specially concurs with opinion.
. This court affirmed Williamson’s direct appeal from a judgment and sentence for capital sexual battery. Williamson v. State, 536 So. 2d 246 (Fla. 1st DCA 1989).
. Williamson’s failure to present to the trial court the other issues raised in this appeal precludes review of those issues by this court.
ERVIN, Judge,
specially concurring.
Although I agree with the majority’s disposition of the three issues, nevertheless, in affirming issue number one, relating to the question of whether the trial court erred in summarily denying appellant’s motion for post-conviction relief on the alleged ground that his trial attorney was ineffective in failing to investigate, locate, depose or call certain unnamed but identifiable witnesses, I would do so without prejudice to appellant’s right to amend his 3.850 motion before the trial court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Nelson v. State, 875 So. 2d 579 (Fla. 2004)…judiced the outcome of trial. Counsel’s failure to call a witness who was unavailable to testify at trial could not prejudice the outcome of a defendant’s trial. See, e.g., Highsmith v. State, 617 So. 2d 825 (Fla. 1st DCA 1993); Williamson v. State, 559 So. 2d 723 (Fla. 1st DCA 1990); Puig v. State, 636 So. 2d 121 (Fla. 3d DCA 1994); Palmer v. State, 683 So. 2d 678 (Fla. 4th DCA 1996). The Second District has held to the contrary. In Odom v. State, 770 So. 2d 195, 197 (Fla. 2d DCA 2000), the Second District…
-
Highsmith v. State, 617 So. 2d 825 (Fla. 1st DCA 1993)…o testify at trial, case law on point has required only that the defendant allege the witness was available to testify — not that the named witness would testify willingly. See Smith v. State, 601 So. 2d 611 (Fla. 1st DCA 1992); Williamson v. State, 559 So. 2d 723 (Fla. 1st DCA 1990); Robinson v. State, 516 So. 2d 20 (Fla. 1st DCA 1987). In Sorgman and Majewski, this court reviewed allegations which are the functional equivalent of the allegations in the instant case. On the basis of those allegations, the c…
-
Puig v. State, 636 So. 2d 121 (Fla. 3d DCA 1994)…liams v. State, 539 So. 2d 9 (Fla. 1st DCA 1989). Additionally, defendant did not allege Lopez was available to testify; thus, the claim that counsel was ineffective for failing to investigate Lopez must also fail on that basis. Williamson v. State, 559 So. 2d 723, 724 (Fla. 1st DCA 1990). Next, even if joint possession of the car by defendant and Lopez had been established, there was circumstantial evidence from which the jury might have properly inferred that the defendant knew of the presence of the coca…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- COY v. Iowa, 487 U.S. 1012 (U.S. 1988)
- Robinson v. State, 516 So. 2d 20 (Fla. 1st DCA 1987)
- Colin H. Russell v. State, 521 So. 2d 379 (Fla. 1st DCA 1988)
- McCORKLE v. State, 419 So. 2d 373 (Fla. 1st DCA 1982)