LOUIS RILES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LOUIS RILES, APPELLANT,
STATE OF FLORIDA, APPELLEE
683 So. 2d 552
Florida District Court of Appeal, First District (1996)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s order denying post-trial relief on the second and third grounds urged by appellant. We reverse as to the first ground, however, as the record attached to the order does not conclusively show that appellant was not misled by trial counsel.
Therefore, we remand with instructions that the court hold an evidentiary hearing related to the issue of whether appellant’s trial counsel affirmatively misled him as to the consequences of his plea regarding gain time and control release considerations.
MINER, WEBSTER and MICKLE, JJ., concur.
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Liggett Grp. Inc. v. Howard A. Engle, M.D., 853 So. 2d 434 (Fla. 3d DCA 2003)…has expressly condemned all of the categories of misconduct plaintiffs’ counsel engaged in here. See, e.g., Johnnides, 778 So. 2d at 444 (attacks on integrity of counsel are both contemptible and condemnable); Owens-Corning Fiberglas Corp. v. Crane, 683 So. 2d 552, 554-55 (Fla. 3d DCA 1996) (reversal required by derogatory comments concerning opposing counsel; “it is never acceptable for one attorney to effectively impugn the integrity or credibility of opposing counsel before the jury”); Carnival Cruise Line…
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Murphy v. Int'l Robotics Sys., Inc., 710 So. 2d 587 (Fla. 4th DCA 1998)…aled evidence and violated discovery orders); Martino v. Metropolitan Dade County, 655 So. 2d 151 (Fla. 3d DCA 1995)(coun-sel suggesting adverse effect on future case if jury returned a verdict for plaintiff); Owens-Corning Fiberglas Corp. v. Crane, 683 So. 2d 552 (Fla. 3d DCA 1996)(counsel attacked integrity and credibility of opposing counsel); Al-Site Corp. v. Della Croce, 647 So. 2d 296 (Fla. 3d DCA 1994)(counsel engaged in character attacks and name calling). First district cases include Pippin v. Latos…
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Wicklow v. State, 43 So. 3d 85 (Fla. 4th DCA 2010)…integrity or credibility of opposing counsel before the jury; even in the absence of a contemporaneous objection, such comments about opposing counsel made during closing argument are fundamentally erroneous. Owens-Corning Fiberglas Corp. v. Crane, 683 So. 2d 552, 555 (Fla. 3d DCA 1996). Finally, the prosecutor’s comment that, “I interviewed Brandon” was also improper. At sidebar, the prosecutor clarified that her remark was in reference to her deposition of Christiano. However, the clarification at sidebar…
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