ANTOINE HENDERSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Reynolds v. State, 99 So. 3d 459 (Fla. 2012)
  …“legally and factually sufficient” claim that defense counsel failed to object to a sleeping juror and the postconviction court erred in summarily denying the claim. See also Judd v. State, 951 So. 2d 103, 104 (Fla. 4th DCA 2007); Erlsten v. State, 842 So. 2d 967, 968-69 (Fla. 4th DCA 2003); McClendon v. State, 765 So. 2d 247, 248 (Fla. 1st DCA 2000); Reside v. State, 448 So. 2d 644, 644 (Fla. 4th DCA 1984). The Terrell court, accordingly, reversed and remanded for an evidentiary hearing on this claim. See 9…
• Button v. State, 941 So. 2d 531 (Fla. 4th DCA 2006)
  …ourt’s summary denial of this claim was improper. A trial court cannot deny a motion for 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…
• Judd v. State, 951 So. 2d 103 (Fla. 4th DCA 2007)
  …to the presence of a sleeping juror. This court has previously reversed the summary denial of rule 3.850 motions in which the defendant alleged his trial counsel was ineffective in failing to object to a sleeping juror. See, e.g., Erlsten v. State, 842 So. 2d 967 (Fla. 4th DCA 2003); Simo v. State, 790 So. 2d 1190 (Fla. 4th DCA 2001); McGraw v. State, 796 So. 2d 1205 (Fla. 4th DCA 2001); Kesick v. State, 448 So. 2d 644 (Fla. 4th DCA 1984). Other courts have done so as well. See, e.g., Wilson v. State, 828 So…

Authorities Cited

• Campbell v. State, 637 So. 2d 80 (Fla. 4th DCA 1994)
• Wright v. State, 643 So. 2d 1157 (Fla. 4th DCA 1994)