DEVORAN ELLIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the summary denial of Ellis's postconviction motion on Ground Two, finding his allegations of ineffective assistance of counsel for failing to obtain exculpatory traffic camera videotapes sufficient to state a claim requiring an evidentiary hearing.
Allegations that trial counsel failed to obtain videotape evidence that would have established the defendant's innocence constitute a facially sufficient claim for ineffective assistance of counsel.
[1] Allegations that trial counsel failed to obtain videotape evidence that would have established the defendant's innocence constitute a facially sufficient claim for ineffe…
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Join FLexlaw to unlock all legal intelligence“counsel's alleged failure to present videotape evidence, which allegedly would have established defendant's innocence, constituted facially sufficient postconviction claim”
Court cited Freeman v. State to establish the legal standard for ineffective assistance claims based on failure to obtain exculpatory evidence.
Ellis was convicted of resisting an officer with violence, battery on a law enforcement officer, and depriving an officer of a means of protection or …
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Devoran Ellis appeals the summary denial of his amended motion for postconviction relief under Florida Rule of Criminal Procedure -3.850. We reverse only as to Ground Two. The order under review-is affirmed in all other respects.
After a jury trial, Ellis was convicted of resisting an officer with violence, battery *1288on a law enforcement officer, and depriving an officer of a means of protection or communication. In his postconviction motion, Ellis alleged that traffic cameras covered the scenes of his crimes, and trial counsel failed to obtain videotapes from those cameras, notwithstanding Ellis’s request to do so. Ellis further alleged that the videotapes would have established that he did not commit the charged crimes, but rather that he was physically attacked without cause by the police officer in question. Ellis’s allegations are sufficient to state a claim for ineffective assistance of counsel. See Freeman v. State, 616 So.2d 181 (Fla. 2d DCA 1993) (holding that counsel’s alleged failure to present videotape evidence, which allegedly would have established defendant’s innocence, constituted facially sufficient postconviction claim).
On remand, the trial court shall either hold an evidentiary hearing or attach records that conclusively refute Ellis’s claim.
AFFIRMED, in part; REVERSED, in part; and REMANDED.
PALMER, EVANDER and BERGER, JJ., concur.
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Citator
Authorities Cited
- Campbell v. State, 616 So. 2d 181 (Fla. 2d DCA 1993)
- Freeman v. State, 616 So. 2d 181 (Fla. 2d DCA 1993)