MELISSA SUE EASLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in summarily denying the claim of ineffective assistance of counsel for failing to investigate an insanity defense.
Easley was convicted of murder and alleged her trial counsel was ineffective for failing to investigate an insanity defense. The trial court denied re…
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PER CURIAM.
Melissa Sue Easley appeals the summary denial of her motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the portion of the trial court’s order that addresses Easley’s claim that her trial counsel was ineffective for failing to investigate an insanity defense, and affirm the balance of the order without discussion.
Easley was convicted of attempted first-degree murder and first-degree murder. She alleges that her trial counsel was ineffective for failing to investigate an insanity defense to both convictions. The trial court denied relief on the ground that there was no evidence in the record that Easley was insane. However, the portions of the record attached to the motion show that her psychiatrist testified that Easley had a history of severe depression, had at least one psychotic episode in the past, would, at times, dissociate, and was on several psychotropic medications at the time of the offense. The psychiatrist also testified that Easley did not have the ability to “premeditate or reflect” on her actions when she shot the victims. Other witnesses testified that Easley had ingested illegal drugs and a vast quantity of alcohol on the day of the shootings.
The trial testimony concerning Easley’s mental health and state of mind at the time of the shootings supports the conten tion that trial counsel should have investigated the feasibility of presenting an insanity defense on Easley’s behalf. Whether this occurred, and, if so, why the defense was not presented is not apparent from the attachments to the order denying relief. See, e.g., Flores v. State, 662 So. 2d 1350 (Fla. 2d DCA 1995). Accordingly, the trial court is directed to reconsider this claim, and either attach portions of the record that conclusively rebut it, or conduct an evidentiary hearing on the claim.
Affirmed in part, reversed in part, and remanded.
THREADGILL, A.C.J., and ALTENBERND and CASANUEVA, JJ., Concur.
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Green v. State, 827 So. 2d 1060 (Fla. 2d DCA 2002)…n’s claim. Therefore, we reverse and remand for the trial court to reconsider the claim and either attach portions of the record that conclusively refute the claim or conduct an evidentiary hearing. See Armstrong, 806 So. 2d at 548; Easley v. State, 742 So. 2d 463 (Fla. 2d DCA 1999). Affirmed in part, reversed in part, and remanded. FULMER and DAVIS, JJ., Concur.…
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Markus Forster v. State, 779 So. 2d 550 (Fla. 2d DCA 2001)…ovided with Forster’s extensive psychiatric history. Forster contended that his psychiatric problems robbed him of the intent necessary to be convicted of the crimes for which he was charged. This is a facially sufficient claim. See Easley v. State, 742 So. 2d 463 (Fla. 2d DCA 1999). If the trial court again summarily denies Forster’s motion, it must attach those portions of the record which refute the claim. See Wilson v. State, 692 So. 2d 971 (Fla. 2d DCA 1997). Reversed and remanded. FULMER, A.C.J., an…
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Cleo Stinyard, Jr. v. State, 870 So. 2d 78 (Fla. 2d DCA 2003)…d the facts surrounding the offense, but counsel never investigated an insanity defense or informed him that such a defense was an option. This is a facially sufficient claim. See Forster v. State, 779 So. 2d 550 (Fla. 2d DCA 2001); Easley v. State, 742 So. 2d 463 (Fla. 2d DCA 1999). The circuit court did not specifically address this claim when denying Stinyard’s motion, nor did the court provide any record attachments to refute it. In fact, the transcript of Stin-yard’s plea colloquy contains admissions by…
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- Flores v. State, 662 So. 2d 1350 (Fla. 2d DCA 1995)