JOHN ROMANO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The court affirmed, without opinion, the defendant’s conviction, and the appeal of the denial of the pro se petition for habeas corpus is reported in Romano v. State, 533 So. 2d 956 (Fla. 4th DCA 1988).
The defendant now has raised four grounds for post-conviction relief in the trial court which were summarily denied. We find no basis for relief in Grounds I and III and affirm as to those. The following allegations of ineffective assistance of counsel in Grounds II, and reiterated in Ground IV:
(d) for failure to move to disqualify the judge on the ground that he knew the victim and the victim’s family personally;
(e) for failure to move for a change of venue due to print media and television reporting;
(f) for conveying to the jury during voir dire that defendant had a prior criminal record;
are meritorious facially. Accordingly, we reverse and remand to the trial court for an evidentiary hearing or attachment of those portions of the record which support denial of relief as to these three allegations.
GLICKSTEIN and POLEN, JJ., concur. STONE, J., dissents with opinion.
STONE, Judge,
dissenting.
In my judgment the petition lacks a sufficient factual predicate for the allegations and is insufficient to require a hearing. I would affirm. Gorham v. State, 521 So. 2d 1067 (Fla.1988); Ricco v. State, 474 So. 2d 327 (Fla. 4th DCA 1985); Martinelli v. State, 467 So. 2d 841 (Fla. 4th DCA 1985); Wilson v. State, 531 So. 2d 1012 (Fla. 2d DCA 1988); Prince v. State, 508 So. 2d 447 (Fla. 1st DCA 1987); Swain v. State, 502 So. 2d 494 (Fla. 1st DCA 1987).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Valle v. State, 705 So. 2d 1331 (Fla. 1997)…ng Judge Gerstein’s conduct and counsel’s failure to move for disqualification in the face of such knowledge were sufficient as a matter of law to warrant an evidentiary hearing. This claim should not have been summarily denied. See Romano v. State, 562 So. 2d 406, 407 (Fla. 4th DCA 1990) (finding facially meritorious allegation that judge should have been disqualified for knowing victim and victim’s family personal [*1334] ly). Our reading of the Huff hearing transcript reveals that the court’s true concern…
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Tarris Gadson v. State, 773 So. 2d 1183 (Fla. 2d DCA 2000)…effective for not objecting and moving for a mistrial when the prosecution elicited testimony from at least two law enforcement witnesses that implied Gadson had prior contacts with law enforcement, indicating a criminal record. See Romano v. State, 562 So. 2d 406 (Fla. 4th DCA 1990). The trial court again denied this claim by identifying it as an issue that should be addressed on appeal. However, no documents were attached to the court’s order to show that the issue was preserved for appeal. On remand, this…
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Johnson v. State, 820 So. 2d 1089 (Fla. 3d DCA 2002)…rmed that the trial judge was a friend of the victim’s husband, and possibly of the victim. Counsel’s refusal cannot be summarily endorsed as a tactical or strategic decision. See Waters v. State, 779 So. 2d 625 (Fla. 1st DCA 2001); Romano v. State, 562 So. 2d 406 (Fla. 4th DCA 1990). See also Valle v. State, 705 So. 2d 1331 (Fla.1997)(citing Romano). Cf. Caughron v. State, 767 So. 2d 606 (Fla. 4th DCA 2000). Although there was a hearing on this motion, no evidence was taken. We therefore reverse, the order d…
Authorities Cited
- Gorham v. State, 521 So. 2d 1067 (Fla. 1988)
- Swain v. State, 502 So. 2d 494 (Fla. 1st DCA 1987)
- Wilson v. State, 531 So. 2d 1012 (Fla. 2d DCA 1988)
- Romano v. State, 533 So. 2d 956 (Fla. 4th DCA 1988)
- Ricco v. State, 474 So. 2d 327 (Fla. 4th DCA 1985)
- Prince v. State, 508 So. 2d 447 (Fla. 1st DCA 1987)
- Honaker v. State, 467 So. 2d 841 (Fla. 4th DCA 1985)
- Martinelli v. State, 467 So. 2d 841 (Fla. 4th DCA 1985)