DOUGLAS HOULE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed summary denial of postconviction relief claim that trial counsel was ineffective for failing to move for competency evaluation, finding the allegations facially sufficient and not conclusively refuted by the record.
A defendant's allegations that counsel was ineffective for failing to move for a competency evaluation are facially sufficient and not conclusively refuted by the record when the defendant alleges a history of mental illness, institutionalization, suicide attempts, and current psychotropic medication use.
[1] A defendant's allegations of ineffective assistance of counsel for failing to move for competency evaluation are facially sufficient when supported by allegations of docu…
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Join FLexlaw to unlock all legal intelligenceHoule filed a postconviction motion under Florida Rule of Criminal Procedure 3.850 alleging that his trial counsel was ineffective for failing to move…
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The appellant challenges the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the summary denial of all but one of the appellant’s claims. We reverse and remand the denial of the appellant’s claim that counsel was ineffective for failing to move for a competency evaluation.
In ground one, the appellant asserts that counsel was ineffective for failing to move to have his competency evaluated. He alleges that counsel was aware of the appellant’s long history of mental illness, including the fact that he had been institutionalized multiple times, had attempted to commit suicide, was diagnosed as bi-polar, alcoholic and depressive, and had a long history of being on (and was currently on) psychotropic medications. He alleges that if counsel had moved for a competency evaluation, he would have been found to be incompetent. He also alleges that he was incompetent during trial and was therefore unable to assist counsel. We conclude that the appellant’s allegations are facially sufficient, see Williams v. State, 46 So.3d 118 (Fla. 1st DCA 2010); Jackson v. State, 29 So.3d 1161 (Fla. 1st DCA 2010), and not conclusively refuted by the record excerpts attached to the order by the trial court. Accordingly, we remand to the trial court to either attach the portions of the record that conclusively refute ground one or to hold an evidentiary hearing on that claim.
AFFIRMED in part; REVERSED in part; and REMANDED with directions.
WETHERELL, MARSTILLER, and SWANSON, JJ„ concur.
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Watts v. State, 82 So. 3d 1215 (Fla. 2d DCA 2012)…s ineffective for failing to raise a defendant’s competency is cognizable in a rule 3.850 motion.”), and we conclude that the claim was not conclusively refuted by the record excerpts attached to the postconviction court’s order, see Houle v. State, 74 So. 3d 143, 144 (Fla. 1st DCA 2011). Consequently, we remand to the postconviction 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…
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Mays v. State (Fla. 2d DCA 2021)…, he would have been declared incompetent. Mr. Mays' allegations are facially sufficient and are not conclusively refuted by the record excerpts of interviews presented at trial attached to the order by the postconviction court. See Houle v. State, 74 So. 3d 143, 144 (Fla. 1st DCA 2011); see also Perez v. State, 306 So. 3d 126, 128, 129-30 (Fla. 2d DCA 2018). Accordingly, we reverse the portion of the postconviction court's order summarily denying ground two and remand for the postconviction court to eithe…
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Arseneau v. State, 77 So. 3d 1280 (Fla. 2d DCA 2012)…es not conclusively refute Arseneau’s claim that he was incompetent to proceed1 and that counsel was therefore ineffective for failing to investigate his competency, the postconviction court erred in summarily denying this claim. See Houle v. State, 74 So. 3d 143, 144 (Fla. 1st DCA 2011) (holding that record did not conclusively refute postconviction movant’s allegations that “counsel was aware of [movant’s] long history of mental illness, including the fact that he had been institutionalized multiple times,…
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
- Jackson v. State, 29 So. 3d 1161 (Fla. 1st DCA 2010)
- Royce M. Williams v. State, 46 So. 3d 118 (Fla. 1st DCA 2010)