DAVID JENSEN, 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 the trial court erred in summarily denying claims five and seven of the postconviction motion because they were facially sufficient.
Appellant sought postconviction relief, alleging ineffective assistance of counsel for allowing him to appear in prison attire and shackles, and for f…
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 Conclusively Refuted By The Record cases and more on FLexlaw
TAYLOR, J.
David Jensen appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s denial of all claims, except claims five and seven.
In claim five of the postconviction motion, appellant alleged that counsel was ineffective in allowing him to appear at his jury trial in prison attire and in failing to object to his appearing before the jury in leg shackles. He alleged that 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 ineffective assistance by failing to call certain alibi witnesses at trial. Because appellant’s motion alleged availability of the witnesses and otherwise met the requirements of Nelson v. State, 875 So. 2d 579 (Fla.2004), we hold that it was facially sufficient.
Accordingly, we reverse and remand for an evidentiary hearing or attachment of portions of the record that conclusively refute appellant’s claims five and seven.
Affirmed in part; Reversed in part and Remanded.
SHAHOOD, C.J., and WARNER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jones v. State, 998 So. 2d 573 (Fla. 2008)…hackled. Hodges v. State, 946 So. 2d 1244 (Fla. 4th DCA 2007). That court similarly found sufficient a rule 3.850 motion alleging defense counsel did not object when the defendant appeared at trial in prison attire and leg shackles. Jensen v. State, 964 So. 2d 812 (Fla. 4th DCA 2007). The Fourth District reversed and remanded both cases so an evidentiary hearing could be held. The Second District Court of Appeal has likewise remanded for an evidentiary hearing where a defendant alleged trial counsel was ineff…
-
WAY v. State, 41 So. 3d 425 (Fla. 1st DCA 2010)…object when appellant, who was not disruptive, was made 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.…
-
Leigh v. State, 58 So. 3d 396 (Fla. 4th DCA 2011)…to object to his appearing before the jury in restraint devices, which were obvious to at least one witness, and remanding for an evidentiary hearing or the attachment of portions of the record that conclusively refuted the claim); Jensen v. State, 964 So. 2d 812 (Fla. 4th DCA 2007) (reversing summary denial of a post-conviction claim that defense counsel was ineffective for allowing the movant to appear in prison attire and in failing to object to the movant’s appearing before the jury in leg shackles which…
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
- Nelson v. State, 875 So. 2d 579 (Fla. 2004)
- Wallace v. State, 852 So. 2d 904 (Fla. 4th DCA 2003)
- Miller v. State, 852 So. 2d 904 (Fla. 4th DCA 2003)