GARY E. COCHRAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Gary Cochran challenged the summary denial of his Rule 3.850 motion alleging ineffective assistance of counsel. The court affirmed the denial of most claims but reversed and remanded one claim regarding counsel's failure to investigate mental retardation as a bar to execution, finding it facially sufficient and not conclusively refuted by the postconviction court's order.
The court held that Cochran stated a facially sufficient claim for ineffective assistance of counsel, and the postconviction court's order did not conclusively refute the claim because the attachments provided no indication of the experts' opinions regarding his mental status. The court reversed and remanded, requiring the postconviction court to either attach those portions of the trial court record that conclusively refute the claim or conduct an evidentiary hearing.
[1] A claim of ineffective assistance of counsel is facially sufficient when it alleges both deficient performance and that the defendant would not have entered a plea absent…
[2] Attachments to a postconviction court's order must conclusively refute a defendant's claim that their plea was involuntary to justify summary denial.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a claim of ineffective assistance of counsel for failing to investigate a defense that alleges both a deficient performance and that the defendant would not have entered the plea absent counsel's failure states a facially sufficient claim that requires record evidence or an evidentiary hearing to refute”
Establishes the standard for evaluating ineffective assistance claims based on counsel's failure to investigate potential defenses affecting plea negotiations
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Join FLexlaw to unlock all legal intelligenceCochran was indicted for first-degree murder with the State seeking the death penalty. He entered a negotiated plea to the charge in exchange for a li…
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Gary E. Cochran challenges the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Cochran raised numerous claims of ineffective assistance of counsel in the motion. We affirm without comment the summary denial of all but one claim.1
Cochran was indicted for first-degree murder. The State sought the death penalty; however, Cochran entered a negotiated plea to the charge in exchange for a sentence of life imprisonment. In the first ground of his rule 3.850 motion, Cochran alleged that if his counsel had filed and adequately pursued a motion to determine mental retardation as a bar to execution pursuant to Florida Rule of Criminal Procedure 3.203(d), the trial court would have found him ineligible for execution. He therefore alleges that his plea was involuntary; he would not have pleaded to the charge but would have proceeded to trial but for the possibility of facing the death penalty. This constitutes a facially sufficient claim for relief. See Davis v. State, 15 So.3d 770, 773 (Fla. 2d DCA 2009) (concluding that a claim of ineffective assistance of counsel for failing to investigate a defense that alleges both a deficient performance and that the defendant would not have entered the plea absent counsel’s failure states a facially sufficient claim that requires record evidence or an evidentiary hearing to refute).
The postconviction court summarily denied this claim, finding that trial counsel had thoroughly investigáted Cochran’s mental health. The attachments to the postconviction court’s order include only motions and orders regarding the appointment and payment of experts. These documents indicate that trial counsel investigated Cochran’s alleged mental retardation. However, they give no indication *1118as to the experts’ opinion regarding his mental status. Thus, the attachments do not refute Cochran’s claim that his plea was involuntary. We therefore reverse the denial of this claim and remand to the postconviction court for further proceedings. Should the postconviction court again summarily deny this claim, it shall attach those portions of the trial court record that conclusively refute the claim; otherwise it shall conduct an evidentiary hearing on the issue.
Affirmed in part, reversed in part, and remanded.
VILLANTI and LaROSE, JJ., Concur.
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Cited By
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Watts v. State, 82 So. 3d 1215 (Fla. 2d DCA 2012)…iction court to either attach the portions of the record that conclusively refute claim two of Watts’s amended 3.850 motion or to hold an evidentiary hearing on that claim. See Coley v. State, 74 So. 3d 184, 185 (Fla. 2d DCA 2011); Cochran v. State, 46 So. 3d 1116, 1118 (Fla. 2d DCA 2010). Affirmed in part, reversed in part, and remanded. CASANUEVA and LaROSE, JJ., Concur. . These two claims alleged that the trial court erred by failing to have Watts examined by at least three mental health experts and by…
Authorities Cited
- Davis v. State, 15 So. 3d 770 (Fla. 2d DCA 2009)