COWAN
v.
STATE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court must remand for an evidentiary hearing or attach record portions conclusively refuting a claim that counsel was ineffective for failing to call an expert witness to challenge the prosecution's expert testimony.
[1] On a rule 3.850 postconviction motion for ineffective assistance of counsel, summary denial is improper unless the record conclusively refutes the claim, requiring either…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceDexter Cowan appealed the summary denial of his rule 3.850 postconviction motion raising seven grounds of ineffective assistance of counsel. Cowan cla…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Conclusively Refute cases and more on FLexlaw
PER CURIAM.
Dexter Cowan appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Cowan raises seven grounds of ineffective assistance of counsel. Because the record does not conclusively refute Cowan's claim that counsel was ineffective for failing to call an expert witness to challenge the conclusions made by the State's fingerprint expert, we reverse the summary denial of Ground Five and remand for attachment of portions of the record conclusively refuting this claim or for an evidentiary hearing. See Cox v. State, 189 So. 3d 221, 222 (Fla. 2d DCA 2016); Ward v. State, 861 So. 2d 107, 107 (Fla. 1st DCA 2003); Baker v. State, 826 So. 2d 524, 525 (Fla. 4th DCA 2002). We affirm on all other grounds.
AFFIRMED in Part, REVERSED in Part, and REMANDED with Instructions. PALMER, BERGER and WALLIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jeandis Estime v. State, 826 So. 2d 524 (Fla. 4th DCA 2002)
- COX v. State, 189 So. 3d 221 (Fla. 2d DCA 2016)
- Baker v. State, 826 So. 2d 524 (Fla. 4th DCA 2002)
- Demeshio Ward v. State, 861 So. 2d 107 (Fla. 1st DCA 2003)
- McDOWELL v. State, 861 So. 2d 107 (Fla. 1st DCA 2003)