DAVID LEE HALL A/K/A DAVID LEE OWDEN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ciambrone v. State, 128 So. 3d 227 (Fla. 2d DCA 2013)
  …d by Ciambrone. These record attachments do not conclusively refute Ciambrone’s allegations, so we must reverse summary denial on this issue. See Chambers, 613 So. 2d at 118; ComfoH v. State, 597 So. 2d 944, 945 (Fla. 2d DCA 1992); Johnson v. State, 840 So. 2d 369, 370 (Fla. 1st DCA 2003) (reversing summary denial where the trial transcript attached to the record in support of denial did not negate potential benefit of proposed testimony). As for the court’s conclusion that the psychologist’s testimony “abou…
• Burke v. State, 855 So. 2d 207 (Fla. 1st DCA 2003)
  …at the delay was attributable to any action on the part of appellant or that appellant was otherwise not entitled to discharge under Rule 3.191. Thus, the trial court’s summary denial of relief on the first ground was improper. See Johnson v. State, 840 So. 2d 369, 370 (Fla. 1st DCA 2003); Brown v. State, 829 So. 2d 975, 976 (Fla. 1st DCA 2002). As to all grounds raised except the first, the trial court’s order is affirmed. As to the first ground, the order is reversed, and remanded with directions either t…
• Thomas v. State, 121 So. 3d 71 (Fla. 3d DCA 2013)
  …gument that defense counsel trial strategy was evident from the face of the record without necessitating an evidentiary hearing to resolve the question of whether the omission alleged to be deficient was reasonable trial strategy); Johnson v. State, 840 So. 2d 369 (Fla. 1st DCA 2003) (finding that the attachments to the order denying relief did not conclusively negate the defendant’s allegation, and the possibility that counsel’s omission might have been a matter of trial strategy could not be determined with…

Authorities Cited

• Anders v. California, 386 U.S. 738 (U.S. 1967)
• Patterson v. State, 686 So. 2d 758 (Fla. 1st DCA 1997)