CARVER ASKEW
v.
STATE OF FLORIDA
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.
Defense counsel's misadvice that a defendant's testimony would automatically result in jury discovery of prior crimes and detailed cross-examination on prior record constitutes a facially sufficient claim of ineffective assistance of counsel.
[1] Defense counsel's advice to a defendant regarding the consequences of testifying at trial regarding prior crimes is subject to the test for ineffective assistance of coun…
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 intelligence“Accepting Appellant's allegations as true, this was a facially sufficient claim of ineffective assistance of counsel.”
Court's analysis of whether the first claim of ineffective assistance survived summary denial.
Carver Askew appealed the summary denial of his motion for postconviction relief. He claimed defense counsel ineffectively advised him that if he test…
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 Right To Testify cases and more on FLexlaw
this claim, we reverse and remand for an evidentiary hearing. See Everhart v. State, 773 So. 2d 78, 80 (Fla. 2d DCA 2000).
AFFIRMED in part; REVERSED in part; and REMANDED for further proceedings.
WOLF, OSTERHAUS, and JAY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Friend Rizkkhalil v. State (Fla. 1st DCA 2021)
-
Heath Lee Helvey v. State, 275 So. 3d 1275 (Fla. 5th DCA 2019)
-
Wainwright v. State (Fla. 1st DCA 2026)
Authorities Cited
- Earon L. Tyler v. State, 793 So. 2d 137 (Fla. 2d DCA 2001)
- Erelson J. Warner v. State, 773 So. 2d 78 (Fla. 1st DCA 2000)
- Drinel Joseph v. State, 214 So. 3d 741 (Fla. 5th DCA 2017)
- Parks v. State, 54 So. 3d 1079 (Fla. 4th DCA 2011)