BARRY ANDERSON, 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.
The court held that a claim of ineffective assistance of counsel based on failure to investigate a potential defense witness stated a legally sufficient claim requiring further proceedings.
Barry Anderson appealed the summary denial of his post-conviction motion, alleging his trial counsel failed to investigate a witness whose testimony w…
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 Impeachment Of Witness cases and more on FLexlaw
PER CURIAM.
Barry Anderson appeals the summary denial of his post-conviction motion. We find that further proceedings are required on one of his allegations.
The allegation that Anderson’s trial counsel failed to investigate potential defense witness Derrick Harvey stated a legally sufficient claim of ineffective assistance of counsel. See Cohens v. State, 775 So. 2d 336 (Fla. 2d DCA 2000) (claim of failure to investigate or call an exculpatory witness presents a prima facie case of entitlement to relief for ineffective assistance of counsel, unless rebutted by evidence in the record or testimony at an evidentiary hearing).
According to Anderson’s motion, Harvey’s testimony would have been that State witness Lisa Cornwell admitted to him that she did not really witness the crime, but had felt pressured by the police to say that she did. The portion of the record relied upon by the trial court does not conclusively refute Anderson’s allegations.
Accordingly, we reverse and remand for an evidentiary hearing on this claim only. The denial order is affirmed in all other respects.
DELL, WARNER and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Reynolds v. State, 99 So. 3d 459 (Fla. 2012)…uror.” 790 So. 2d 1190, 1191 (Fla. 4th DCA 2001) (holding the trial court erred in summarily denying the claim of ineffective assistance for “failing to object and in waiving objection to the presence of a sleeping juror”); see also McGraw v. State, 796 So. 2d 1205, 1206 (Fla. 4th DCA 2001) (noting that it is “usually improper to summarily deny a claim that counsel failed to act upon being informed that a juror was sleeping during trial”). In this case, defense counsel did not request the removal of the sleepi…
-
Wilson v. State, 828 So. 2d 1086 (Fla. 1st DCA 2002)…he perpetrator and the subsequent impeachment of that identification. See McClendon v. State, 765 So. 2d 247 (Fla. 1st DCA 2000); Bieser v. State, 677 So. 2d 59 (Fla. 1st DCA 1996); Kelley v. State, 805 So. 2d 88 (Fla. 2d DCA 2002); McGraw v. State, 796 So. 2d 1205 (Fla. 4th DCA 2001). Accordingly, we REVERSE the sum-, mary denial of the appellant’s first claim and REMAND to the trial court for an evidentiary hearing to determine whether his counsel was ineffective for failing to inform the trial court that…
-
Mitchell v. State, 846 So. 2d 559 (Fla. 4th DCA 2003)…ssue should have been raised on direct appeal, but nothing is attached to the order to indicate that there was anything in the record which might have alerted appellate counsel to such an issue. The ground is legally sufficient. See McGraw v. State, 796 So. 2d 1205 (Fla. 4th DCA 2001); Thomas v. State, 700 So. 2d 407, 408 (Fla. 4th DCA 1997). Appellant’s second ground alleged that on the last day of his trial, August 7, 1997, the presiding judge instructed the bailiff to lock the courtroom doors, and, as a co…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cohens v. State, 775 So. 2d 336 (Fla. 2d DCA 2000)