KENNETH JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Failure To Investigate cases and more on FLexlaw
PER CURIAM.
Kenneth Jones appeals the trial court’s order summarily denying' his amended motion for post-conviction relief alleging ineffective assistance of trial counsel for failure to investigate, interview or call a witness for trial. This court affirmed the summary denial of Jones’ last rule 8.850 motion for post-conviction relief alleging this claim, but without prejudice to his right to file an amended motion in the trial court limited to the claim of ineffective assistance of counsel for failure to investigate and call a witness under Nelson v. State, 875 So. 2d 579 (Fla.2004). See Jones v. State, 929 So. 2d 615 (Fla. 4th DCA 2006).
Jones filed that amended motion, styled as his “response to this Honorable Court’s Order Dated Jan 22, 2007 to amend his amended motion for post conviction relief.” We find that the allegations he made in this latest amended motion were sufficient under Nelson and Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
Accordingly, we reverse the trial court’s summary denial of this claim and remand for an evidentiary hearing or the attachment of portions of the record that conclusively refute this claim.
REVERSED AND REMANDED.
GUNTHER, STONE and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Treneka Simmonds v. Connor Perkins, 247 So. 3d 397 (Fla. 2018)…ive" in practice, due to limitations imposed by the rules of evidence and lack of scientific knowledge. Eldridge v. Eldridge , 153 Fla. 873, 16 So. 2d 163, 164 (1944) ; see Michael H. , 491 U.S. at 124, 109 S.Ct. 2333 ; see also Lohman v. Carnahan , 963 So. 2d 985, 988 (Fla. 4th DCA 2007) (noting that "the knowledge of paternity acquired by DNA testing" has become a consideration the law must include when balancing the competing interests in this type of case). [*401] As a practical matter, the presumption wa…
-
Nevitt v. Bonomo, 53 So. 3d 1078 (Fla. 1st DCA 2010)…736 So. 2d at 767 (“So long as the husband and wife are married and have no pending divorce proceeding, we will not authorize the trial court to conduct any qualitative evaluation of whether the marriage is ‘intact.’ ”); but cf. Lohman v. Carnahan, 963 So. 2d 985, 988 (Fla. 4th DCA 2007) (characterizing this language in Lander as dicta and stating that “[a] marriage is either intact or it is not”), rev. denied, 981 So. 2d 1199 (Fla.2008). Here, the amended complaint alleged that Mr. Nevitt is the biological…
-
J.S. and C.L. v. S.M.M., 67 So. 3d 1231 (Fla. 2d DCA 2011)…on plenary appeal”); Dep’t of Revenue v. [*1233] Long, 937 So. 2d 1235, 1237 (Fla. 1st DCA 2006) (holding that the fact of subjecting the child “to a potentially intrusive test ... is enough to constitute irreparable harm”); cf. Lohman v. Carnahan, 963 So. 2d 985, 987 (Fla. 4th DCA 2007) (reviewing order denying motion to dismiss paternity action by certiorari). Therefore, the trial court’s order in this case, which denied J.S. and C.L.’s motion to dismiss by finding that S.M.M. had standing and which ordere…
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
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Nelson v. State, 875 So. 2d 579 (Fla. 2004)
- Jones v. State, 929 So. 2d 615 (Fla. 4th DCA 2006)