JUAN JOSE HERNANDEZ, A/K/A JOSE RIESGO, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Cardenas v. State, 49 So. 3d 322 (Fla. 1st DCA 2010)
  …videntiary hearing on seven of the claims in the motion, including the claim that Appellant’s trial counsel was ineffective for failing to seek the admission of certain exculpatory statements allegedly made by Appellant’s father.2 Cardenas v. State, 993 So. 2d 546 (Fla. 1st DCA 2008) (hereinafter “Cardenas II ”). We explained that “[i]f the statements alleged were made under the circumstances described by the appellant, they would have been admissible under the [dying declaration] hearsay exception, and the f…
• Vanauken v. State, 51 So. 3d 1186 (Fla. 5th DCA 2010)
  …l bartender to testify to defendant’s consumption of alcohol, although defendant testified to same thing; evidence would not have been cumulative to defendant’s testimony, which could have been discounted by jury as self-serving); Cardenas v. State, 993 So. 2d 546 (Fla. 1st DCA 2008) (summary dismissal of claim for ineffective assistance of counsel was improper; claim was not conclusively refuted by attachments to order showing proposed testimony mirrored defendant’s trial testimony, since witness’s testimony…

Authorities Cited

• Zamir Garzon v. State, 980 So. 2d 1038 (Fla. 2008)