DANIEL WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Ineffective Assistance Of Counsel cases and more on FLexlaw
PER CURIAM.
Appellant challenges the trial court’s order summarily denying his claim that counsel was ineffective for failing to timely and properly object to an expert witness reading from a medical publication during her direct testimony and his claim that counsel was ineffective for failing to object to the State having first and last closing arguments. We affirm the trial court’s denial of the second claim without further discussion. However, with respect to Appellant’s first claim, the trial court failed to attach portions of the original record to support its factual finding that Appellant was not prejudiced by counsel’s failure to object to the expert witness’s testimony. Thomas v. State, 707 So. 2d 1189 (Fla. 1st DCA 1998). Accordingly, we reverse this portion of the trial court’s order and remand for attachment of record portions that conclusively refute this claim or for an evidentiary hearing.
AFFIRMED in part, REVERSED in part, and REMANDED.
ALLEN, DAVIS, and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Williams v. State, 997 So. 2d 441 (Fla. 1st DCA 2008)…ction to the expert witness reading from a medical publication during direct examination, the trial court would have erred in overruling the objection. See Williams v. State, 935 So. 2d 638, 638 (Fla. 1st DCA 2006). Thereafter, in Williams v. State, 970 So. 2d 881, 881 (Fla. 1st DCA 2007), we reversed in part the order summarily denying Appellant’s claim that trial counsel was ineffective for failing to make such an objection, determining that the trial court failed to attach portions of the record to support…
Authorities Cited
- Thomas v. State, 707 So. 2d 1189 (Fla. 1st DCA 1998)