LARRY WALLACE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Torres v. State, 9 So. 3d 746 (Fla. 4th DCA 2009)
  …te relied on the defendant’s history of violence to justify the shackling of the defendant. However, we have held that the defendant's history of conviction of violent crimes alone is insufficient to warrant the use of shackles. See Miller v. State, 852 So. 2d 904, 906 (Fla. 4th DCA 2003).…
• Jensen v. State, 964 So. 2d 812 (Fla. 4th DCA 2007)
  …hat the jury actually saw and heard the iron shackles. Because appellant’s claim of ineffective assistance is facially sufficient and not conclusively refuted by the record, the trial court erred in summarily denying this claim. See Miller v. State, 852 So. 2d 904 (Fla. 4th DCA 2003) (holding that the defendant’s claim that counsel was ineffective for failing to object to his appearing before the jury in leg restraints was facially sufficient). In claim seven, appellant alleged that counsel provided ineffect…
• WAY v. State, 41 So. 3d 425 (Fla. 1st DCA 2010)
  …de to wear leg restraints, which were seen and heard by the jury, during his trial. This claim was facially sufficient. See Torres v. State, 9 So. 3d 746, 748 (Fla. 4th DCA 2009); Jensen v. State, 964 So. 2d 812 (Fla. 4th DCA 2007); Miller v. State, 852 So. 2d 904, 906 (Fla. 4th DCA 2003). The portions of the record attached by the trial court to its order do not conclusively refute this claim. Accordingly, the trial court erred when it summarily denied it. Appellant also claimed that his trial counsel was…

Authorities Cited

• Harvey v. Dugger, 656 So. 2d 1253 (Fla. 1995)