GEORGE SHOFFNER, APPELLANT,

v.

CHRISTINA G. SHOFFNER, APPELLEE

Citator

Cited By

• Williams v. State, 642 So. 2d 67 (Fla. 1st DCA 1994)
  …v. State, 613 So. 2d 118 (Fla. 2d DCA 1993) (failing to call alibi witnesses can be ineffective assistance of counsel; trial court must attach record conclusively demonstrating no entitlement to relief or hold evidentiary hearing); Gordon v. State, 608 So. 2d 925 (Fla. 3d DCA 1992) (finding defense counsel’s action to be tactical is generally inappropriate, without an eviden-tiary hearing; counsel should be heard from as to whether decision truly was “tactical”); Comfort v. State, 597 So. 2d 944 (Fla. 2d DCA…
• Robinson v. State, 637 So. 2d 998 (Fla. 1st DCA 1994)
  …h a claim of ineffective assistance of counsel, a finding that some action or inaction by defense counsel was tactical is generally inappropriate without an evidentia-ry hearing. Thomas v. State, 634 So. 2d 1157 (Fla. 1st DCA 1994); Gordon v. State, 608 So. 2d 925 (Fla. 3d DCA 1992); Davis v. State, 608 So. 2d 540 (Fla. 2d DCA 1992); Harley v. State, 594 So. 2d 352 (Fla. 2d DCA 1992); Dauer v. State, 570 So. 2d 314 (Fla. 2d DCA 1990). Appellant further asserts that the trial court improperly imposed the maxi…
• Anthony v. State, 660 So. 2d 374 (Fla. 4th DCA 1995)
  …ssistance of counsel, a finding that some action or inaction by defense counsel was tactical is generally inappropriate without the benefit of an evidentia-ry hearing. See Davis; Williams v. State, 642 So. 2d 67 (Fla. 1st DCA 1994); Gordon v. State, 608 So. 2d 925 (Fla. 3d DCA 1992). The determination that defense counsel’s actions not to raise an alibi defense or call alibi witnesses were tactical decisions is best made after an evidentiary hearing unless the record conclusively refutes the allegations. See…

Authorities Cited

• Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)