JIMMY D. CAMPBELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in denying the defendant's postconviction relief motion based on counsel's failure to investigate potential defense witnesses.
The defendant claimed he provided information about a defense to his counsel the night before trial, and counsel's subsequent request for a continuanc…
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PER CURIAM.
Jimmy D. Campbell appeals the trial court’s denial of his postconviction relief motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Only one of Campbell’s allegations has merit, specifically, that his counsel failed to investigate medical witnesses who would have provided crucial testimony in support of Campbell’s defense. Campbell claims to have furnished counsel with the information regarding the defense on the evening before trial, the first time he met his appointed counsel. Counsel requested a continuance the morning of trial, in part to investigate the information provided by Campbell. That request was denied and the case proceeded to trial, resulting in a conviction.
Failure of counsel to properly investigate defense witnesses is properly raised by a postconviction relief motion. Young v. State, 511 So. 2d 735 (Fla. 2d DCA 1987). The portions of the record provided by the trial court in support of its denial do not refute Campbell’s allegations.
Accordingly, we remand this case to the trial court for further consideration of Campbell’s claim that defense counsel failed to properly investigate his defense. The court may conduct an evidentiary hearing or, if the files and records conclusively demonstrate that Campbell is clearly entitled to no relief, may again deny the motion without a hearing. If the court again denies the motion, Campbell must file a notice of appeal within thirty days to obtain further appellate review.
Affirmed in part, reversed in part, and remanded with directions.
RYDER, A.C.J., and FRANK and HALL, JJ., concur.
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Campbell v. State, 638 So. 2d 618 (Fla. 2d DCA 1994)…PER CURIAM. Jimmy D. Campbell appeals the summary denial of his motion for postconviction relief. This is the third time this motion has been presented to this court. See Campbell v. State, 616 So. 2d 995 (Fla. 2d DCA 1992); Campbell v. State, 624 So. 2d 842 (Fla. 2d DCA 1993). Previously, this court has held that only issue which may have merit is Campbell’s allegation that his counsel was ineffective for failure to properly investigate the possib…
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Campbell v. State, 624 So. 2d 842 (Fla. 2d DCA 1993)…[*843] PER CURIAM. Jimmy D. Campbell appeals the summary denial of his motion for postconviction relief. We reverse. In Campbell v. State, 616 So. 2d 995 (Fla. 2d DCA 1992), we remanded for further consideration of one issue raised in Campbell’s motion: whether his trial attorney was ineffective for not investigating the possible existence of crucial “medical witnesses.” After remand the trial court…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Young v. State, 511 So. 2d 735 (Fla. 2d DCA 1987)