ADAMS WIGGINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that if counsel makes a tactical decision to abandon an alibi defense, an evidentiary hearing is required to determine if it was a reasonable strategic choice.
Adam Wiggins appealed the summary denial of his post-conviction motion, claiming ineffective assistance of counsel for failing to call an alibi witnes…
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PER CURIAM.
Adam Wiggins appeals the summary denial of his post-conviction motion. He raised several grounds, including his claim that his trial counsel was ineffective for failing to call the witness listed on his notice of alibi defense to testify at trial.
The state’s response to the motion attached the witness’ pre-trial statements. In his statements to the police, he expressed confusion about the date and time of the events to which he would have testified. In his pre-trial deposition, he expressed more confidence in his recollections. The trial court adopted the state’s argument that defense counsel made a strategic choice not to call-the witness due to his credibility problems.
If counsel made a tactical decision to abandon the alibi defense, an evidentiary hearing is required to determine whether that was a reasonable strategic choice. McMillian v. State, 717 So. 2d 102 (Fla. 4th DCA 1998); Anthony v. State, 660 So. 2d 374 (Fla. 4th DCA 1995). We reverse the order denying the motion and remand for an evidentiary hearing on this allegation only.
STONE, GROSS, and TAYLOR, JJ., concur.
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Elliott Barnett v. State, 181 So. 3d 534 (Fla. 1st DCA 2015)…ing. Thus, even if the jury believed the . testimony of the alibi witnesses, it could have still returned a guilty verdict. An evidentiary hearing would be required to determine, whether these were reasonable strategic choices. See Wiggins v. State, 790 So. 2d 1137, 1138 (Fla. 4th DCA 2001). For these reasons, we cannot con- [*538] elude that counsel’s failure to request the alibi instruction constitutes ineffective assistance of counsel apparent from the face of the record. Fundamental Error Barnett also as…
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Button v. State, 941 So. 2d 531 (Fla. 4th DCA 2006)…post-conviction relief by finding that defense counsel’s decision was tactical or trial strategy without first holding an evidentiary hearing. Erlsten v. State, 842 So. 2d 967, 969 (Fla. 4th DCA 2003) (citations omitted). See also Wiggins v. State, 790 So. 2d 1137, 1138 (Fla. 4th DCA 2001) (stating “[i]f counsel made a tactical decision to abandon the alibi defense, an evidentiary hearing is required to determine whether that was a reasonable strategic choice”) (citations omitted). The summary denial of clai…
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Burns v. State, 170 So. 3d 90 (Fla. 1st DCA 2015)…earing.'" (quoting Sampson v. State, 751 So. 2d 602, 602 (Fla. 2d DCA 1998))); Pierre v. State, 114 So. 3d 1105, 1105 (Fla. 1st DCA 2013) ("[A] determination that an action is strategic generally requires an evidentiary hearing.”); Wiggins v. State, 790 So. 2d 1137, 1138 (Fla. 4th DCA 2001) ("If counsel made a tactical decision to abandon the alibi defense, an evidentiary hearing is required to determine whether that was a reasonable strategic choice.”). There was to be sure evidence from which jurors could h…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anthony v. State, 660 So. 2d 374 (Fla. 4th DCA 1995)
- McMILLIAN v. State, 717 So. 2d 102 (Fla. 4th DCA 1998)