PETER F. MOHR, A/K/A PETER FRITZ MOHR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court reversed summary denial of ineffective assistance of counsel claim regarding failure to impeach witness, allowing amendment under Spera v. State standards, but affirmed denial of all other postconviction relief claims.
A postconviction claim alleging ineffective assistance for failure to impeach a witness must be struck without prejudice to allow amendment when it fails to specify which testimony portions could have been impeached or how the failure affected trial.
[1] Under Spera v. …
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Join FLexlaw to unlock all legal intelligencePeter Mohr appealed denial of his Rule 3.850 postconviction motion, raising multiple grounds for relief including a claim that trial counsel failed to…
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Peter F. Mohr appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We reverse the postconviction court’s order with regard to the summary denial of ground three of Mr. Mohr’s motion. We affirm without comment the postconviction court’s denial of all other claims for relief.
In ground three, Mr. Mohr alleged that his trial counsel provided ineffective assistance because counsel failed to impeach a witness with her prior inconsistent statements. However, Mr. Mohr “did not allege on what portions of the testimony the witness[] could have been impeached or how the failure to do so affected his trial.” Keevis v. State, 908 So.2d 552, 554 (Fla. 2d DCA 2005). For this reason, the postcon-viction court summarily denied this claim as legally insufficient. We agree that the claim was legally insufficient. But, in light of the recent opinion in Spera v. State, 971 So.2d 754 (Fla.2007), we reverse the summary denial of ground three and remand with instructions to strike this ground with leave to amend within a reasonable amount of time in accordance with Spera. See Sierra v. State, 993 So.2d 1064, 1065 (Fla. 1st DCA 2008).
*1250Affirmed in part, reversed in part, and remanded with directions.
FULMER and NORTHCUTT, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Delarosa v. State, 24 So. 3d 741 (Fla. 2d DCA 2009)…puty Deluna’s testimony could have been impeached, and he also specified how he was prejudiced by counsel’s failure to impeach Deputy Deluna with the prior inconsistent statement. Such a claim is cognizable in a rule 3.850 motion. Cf. Mohr v. State, 17 So. 3d 1249 (Fla. 2d DCA 2009) (agreeing that appellant’s claim was legally insufficient where he failed to allege what portions of witness’s testimony could have been impeached or how counsel’s failure to do so affected trial but reversing in part and remandin…
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Thompson v. State, 273 So. 3d 1069 (Fla. 1st DCA 2019)…timony was coached. But he gave no further details about who was tampering with the witnesses or facts to support his claim that S.G. was coached. The conclusory nature of these allegations rendered this claim legally insufficient. Mohr v. State, 17 So. 3d 1249, 1249 (Fla. 2d DCA 2009). Thompson also claimed that had counsel adequately prepared for trial, he would have learned that the State edited the videos shown at trial to exclude a portion of the video during which S.G. allegedly recanted and the por…1 / 2
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Mayes v. State, 53 So. 3d 1212 (Fla. 2d DCA 2011)…rt did not have the benefit of Spera when it made this ruling. Since Spera, this court has considered a claim of ineffective assistance based on counsel’s alleged failure to impeach a witness with her prior inconsistent statements in Mohr v. State, 17 So. 3d 1249 (Fla. 2d DCA 2009). The postconviction court summarily denied the claim, and this court noted that “Mohr ‘did not allege on what portions of the testimony the witness[] could have been impeached or how the failure to do so affected his trial.’ ” Id.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Keevis v. State, 908 So. 2d 552 (Fla. 2d DCA 2005)
- Sierra v. State, 993 So. 2d 1064 (Fla. 1st DCA 2008)