RONALD PATRICK MITCHELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Morrison v. State, 860 So. 2d 458 (Fla. 1st DCA 2003)
  …ctic and was therefore not susceptible to an ineffective assistance of counsel claim. A determination that counsel’s action was based upon strategy or tactics, however, is generally inappropriate without an evidentiary hearing. See Jackson v. State, 789 So. 2d 1218, 1219 (Fla. 1st DCA 2001); Williams v. State, 642 So. 2d 67, 68-69 (Fla. 1st DCA 1994). Because appellant’s defense relied so heavily upon the credibility of his witnesses, we are unwilling to assume that trial counsel’s decision to forego any effor…
• Bart A. Greenway v. State, 823 So. 2d 206 (Fla. 1st DCA 2002)
  …ulars. Although defense counsel’s decisions regarding which evidence to present in support of the claim of lawful resistance may well have been tactical, such a finding should normally be made only after an evidentiary hearing. See Jackson v. State, 789 So. 2d 1218, 1220 (Fla. 1st DCA 2001); Hester v. State, 732 So. 2d 331, 332 (Fla. 1st DCA 1998); Rosemond v. State, 634 So. 2d 259, 260 (Fla. 1st DCA 1994). We therefore reverse the order insofar as it denied the two specific claims discussed above and remand f…
• McCRAY v. State, 933 So. 2d 1226 (Fla. 1st DCA 2006)
  …have concluded that appellant’s counsel made a tactical decision not to call the witness. Where a trial court summarily denies such a claim, it must attach portions of the record which conclusively refute the mov-ant’s allegations. Jackson v. State, 789 So. 2d 1218, 1220 (Fla. 1st DCA 2001). In this case, the trial court based its conclusion on a statement by appellant’s counsel that the witness in question would not be testifying. However, this statement, alone, does not conclusively show that the decision wa…

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)
• Leonard v. State, 760 So. 2d 114 (Fla. 2000)