RICHARD LEE BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICHARD LEE BROWN, APPELLANT,
STATE OF FLORIDA, APPELLEE
654 So. 2d 272
Florida District Court of Appeal, First District (1995)
Negative Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
Appellant’s allegations that his trial counsel was ineffective in allowing a juror to serve on the jury after counsel was informed by appellant that the juror knew appellant and was hostile to him were sufficient to require the trial court to attach portions of the record which refuted claim or to hold an evidentiary hearing. See Gibbs v. State, 604 So. 2d 544 (Fla. 1st DCA 1992). Since the trial court’s attachments do not refute appellant’s claim, we REVERSE and REMAND for further proceedings according to rule 3.850, Fla.R.Crim.P. BOOTH, JOANOS and LAWRENCE, JJ., concur.
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Totura & Co., Inc. v. Williams, 754 So. 2d 671 (Fla. 2000)…LEWIS, J. We have for review Williams v. Totura & Company, Inc., 718 So. 2d 375 (Fla. 3d DCA 1998), based on certified conflict with the decision in Frew v. Poole & Kent Co., 654 So. 2d 272 (Fla. 4th DCA 1995), on the issue of whether Florida Rule of Civil Procedure 1.070(j) requires service of process within 120 days of filing a motion to amend a complaint or within 120 days of the order granting leave to amend. We also have the case…1 / 3
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Williams v. State, 673 So. 2d 960 (Fla. 1st DCA 1996)…An allegation that counsel was ineffective for allowing a biased member of the venire to serve on a jury suggests a deficiency of performance sufficient to require either a conclusive rebuttal by the record or an evidentiary hearing. Brown v. State, 654 So. 2d 272 (Fla. 1st DCA 1995); Gibbs v. State, 604 So. 2d 544 (Fla. 1st DCA 1992). The trial court attached a copy of the entire voir dire, which conclusively refutes the appellant’s suggestion of improper bias among the three specified jurors. In fact, the r…
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Rowe v. Schreiber, 725 So. 2d 1245 (Fla. 4th DCA 1999)…memories, misplaced or discarded records, and missing or deceased witnesses.” See Nardone v. Reynolds, 333 So. 2d 25, 36 (Fla.1976) (quoting Riddlesbarger v. Hartford Ins. Co., 74 U.S. (7 Wall.) 386, 19 L.Ed. 257 (1868)); Frew v. Poole and Kent Co., 654 So. 2d 272, 276 (Fla. 4th DCA 1995). Florida Rule of Criminal Procedure 3.850(b) requires in most cases that a motion for post-conviction relief be filed no more than “2 years after the judgment and sentence become[s] final in a noncapital case_” Thus, the iss…
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- Gibbs v. State, 604 So. 2d 544 (Fla. 1st DCA 1992)