IVAN ADAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court held that the trial court erred in summarily denying relief on three specific issues of alleged ineffective assistance of counsel, requiring an evidentiary hearing.
Appellant sought postconviction relief, alleging multiple instances of ineffective assistance of counsel. The trial court denied the motion summarily.…
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[*944] PARKER, Chief Judge.
Ivan Adams appeals the trial court’s order summarily denying his motion for posteonviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm, in part, but reverse and remand to the trial court to conduct an evidentiary hearing on three issues.
Counsel for Adams, the state attorney, and the trial court have carefully provided the record and have researched the eight issues that Adams raised. After reviewing the record and arguments, we conclude that Adams is entitled to an evidentiary hearing on the following issues: (1) alleged ineffective assistance of counsel in failing to object to an erroneous self-defense jury instruction; (2) alleged ineffective assistance of counsel in failing to request a jury instruction regarding the defendant’s use of psychotropic medications; and, (3) alleged ineffective assistance of counsel in failing to call a witness at trial whose deposition supported the defendant’s claim of self-defense.
We affirm the trial court on the other five issues that Adams raised in his motion. We reverse the trial court as to the issues listed above and remand this case for an evidentiary hearing on these issues.
DANAHY and FRANK, JJ., concur.
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Morales v. State, 731 So. 2d 91 (Fla. 4th DCA 1999)…conducted on this claim of ineffective assistance of counsel. An evidentiary hearing is also required to address Morales’s allegation that his trial counsel failed to investigate witnesses associated with his claim of self-defense. Adams v. State, 696 So. 2d 943 (Fla. 2d DCA 1997). Morales did not identify the witnesses by name. However, he claims that he gave his attorney sufficient information to locate the witnesses when [*92] he told counsel that they were employees of the bar where the crime occurred.…