EDMOND CHARLES HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Edmond Charles Hill appeals the denial of his Rule 3.850 motion for postconviction relief alleging ineffective assistance of counsel. The court finds one claim—that counsel interfered with Hill's right to testify—facially sufficient and reverses for an evidentiary hearing on that claim, while affirming the denial of Hill's remaining ineffective assistance claims.
The court holds that Hill's claim that counsel deprived him of his right to testify is facially sufficient and adequately pleads prejudice, warranting reversal and an evidentiary hearing on this claim. The court affirms the denial of Hill's other ineffective assistance claims as facially insufficient.
[1] A claim that trial counsel interfered with or deprived a defendant of the right to testify may state a basis for postconviction relief.
[2] A defendant claiming ineffective assistance of counsel based on interference with the right to testify must show prejudice resulting from the deficient performance.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If, in fact, Hill advised his attorney that he wanted to testify and his attorney nonetheless rested without giving him the opportunity to do so, such conduct could support a claim of ineffective assistance of counsel, provided, of course, that Hill can show he was prejudiced as a result.”
Establishes the legal standard for ineffective assistance claims based on deprivation of the right to testify.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHill was convicted by jury of attempted voluntary manslaughter with a firearm and attempted armed robbery with a firearm and sentenced to thirty years…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Self-Defense Instruction cases and more on FLexlaw
PER CURIAM.
Edmond Charles Hill appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. After a jury trial, Hill was convicted of attempted voluntary manslaughter with a firearm and attempted armed robbery with a firearm. He was sentenced as a habitual offender to thirty years’ prison with twenty years of the sentence suspended. Hill alleges that his trial counsel was ineffective in numerous ways. We find that one of Hill’s claims is facially sufficient and reverse as to it.
Hill alleges that his trial counsel was ineffective in that he interfered with or deprived Hill of his right to testify. Such a claim may state a basis for relief pursuant to rule 3.850. See Oisorio v. State, 676 So. 2d 1363 (Fla.1996). The trial court denied Hill’s claim, finding that it was refuted by the record. In support of this conclusion, the trial court attached a portion of the trial transcript in which the court advised Hill that the decision whether or not to testify was his alone to make. In response, Hill stated that he wished to discuss the matter with his attorney before making a final decision. The court then recessed for the day. When trial resumed the next day, the issue was not addressed. Defense counsel simply rested.
If, in fact, Hill advised his attorney that he wanted to testify and his attorney nonetheless rested without giving him the op portunity to do so, such conduct could support a claim of ineffective assistance of counsel, provided, of course, that Hill can show he was prejudiced as a result. See, e.g., Gill v. State, 632 So. 2d 660 (Fla. 2d DCA 1994)(holding claim that counsel rested without affording defendant who wished to testify an opportunity to do so constituted facially sufficient claim of ineffective assistance of counsel); disapproved on other grounds, Oisorio, 676 So. 2d at 1365 (holding that a defendant claiming ineffective assistance of counsel based on interference with the right to testify must show that he or she was prejudiced by the deficient performance).
Hill has adequately alleged that he was prejudiced by counsel’s purported deprivation of his right to testify. Although the facts surrounding this case are not entirely clear from the record before this court, it appears that Hill approached a group of people including the victim of the attempted manslaughter, Freeman Bagley. They exchanged words and a fight ensued in which Bagley and Hill were both shot. Hill alleges that he wished to testify that he was shot in the back during the altercation and was “fighting for his life” when the attempted manslaughter occurred. It appears from Hill’s account that self-defense was his only possible defense. According to Hill’s motion, his request for a self-defense instruction was denied by the trial court. Had he testified as he now indicates he was prepared to do, he would have been entitled to such an instruction. See, e.g., McInnis v. State, 642 So. 2d 831 (Fla. 2d DCA 1994) (holding that a defendant is entitled to an instruction on his theory of the defense if there is any evidence to support it). Under these circumstances, we believe Hill has adequately shown that he was prejudiced by counsel’s alleged interference with his decision to testify. Therefore, we reverse and remand for an evidentiary hearing as to this claim.
We find that Hill’s other claims are facially insufficient in that Hill has failed to plead adequate facts to establish that he was prejudiced by trial counsel’s other alleged deficiencies. We, therefore, affirm as to them.
Affirmed in part; reversed in part; and remanded.
BLUE, A.C.J., and NORTHCUTT and STRINGER, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Oisorio v. State, 676 So. 2d 1363 (Fla. 1996)
- Gill v. State, 632 So. 2d 660 (Fla. 2d DCA 1994)
- Dilbert v. State, 642 So. 2d 831 (Fla. 2d DCA 1994)