CHARLES JEROME THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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BARFIELD, Judge.
Charles Jerome Thomas appeals the summary denial of his motion for post-conviction relief, which alleged ineffective assistance of counsel. We reverse.
The trial judge found that the defense attorney’s actions or failure to act were “trial tactics” and denied the motion without an evidentiary hearing, citing Downs v. State, 453 So. 2d 1102 (Fla.1984), and Gonzalez v. State, 579 So. 2d 145 (Fla. 3d DCA 1991). However, these cases involved trial court rulings after evidentiary hearings on allegations of ineffective assistance of trial counsel. A trial court’s finding that some action or inaction by defense counsel was tactical is generally inappropriate without an evidentiary hearing. Gordon v. State, 608 So. 2d 925 (Fla. 3d DCA 1992); Harley v. State, 594 So. 2d 352 (Fla. 2d DCA 1992); Dauer v. State, 570 So. 2d 314 (Fla. 2d DCA 1990).
The order is therefore REVERSED and the case is REMANDED to the trial court for an evidentiary hearing.
WOLF and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Guisasola v. State, 667 So. 2d 248 (Fla. 1st DCA 1995)…492 So. 2d 355 (Fla.1986). However, a trial court’s finding that some action or inaction by defense counsel was tactical is generally inappropriate without an evidentiary hearing. Murphy v. State, 638 So. 2d 975 (Fla. 1st DCA 1994); Thomas v. State, 634 So. 2d 1157 (Fla. 1st DCA 1994). Herein, absent an adequate rec ord, and without the benefit of an evidentiary hearing, we are in no position to affirm whether the omission of such a defense was a strategic move, particularly in view of the fact that appellant…
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Robinson v. State, 637 So. 2d 998 (Fla. 1st DCA 1994)…garding trial strategy, when a court is confronted with 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 ass…
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Murphy v. State, 638 So. 2d 975 (Fla. 1st DCA 1994)…arding trial strategy, when the court is confronted with a claim of ineffective assistance of counsel, a finding that some action or inaction by defense counsel was tactical is generally inappropriate without an evidentiary 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). We therefore reverse f…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Downs v. State, 453 So. 2d 1102 (Fla. 1984)
- Dauer v. State, 570 So. 2d 314 (Fla. 2d DCA 1990)
- Gonzalez v. State, 579 So. 2d 145 (Fla. 3d DCA 1991)
- Harley v. State, 594 So. 2d 352 (Fla. 2d DCA 1992)
- Shoffner v. Shoffner, 608 So. 2d 925 (Fla. 3d DCA 1992)
- Gordon v. State, 608 So. 2d 925 (Fla. 3d DCA 1992)