KILCULLEN

v.

LEWIS ET AL.

Citator

Cited By

• State v. Dickey, 928 So. 2d 1193 (Fla. 2006)
  …ll, 474 U.S. at 59, 106 S.Ct. 366. We recently applied Hill in a murder case where the defendant claimed that her attorney failed to inform her about an involuntary intoxication defense. See Grosvenor v. State, 874 So. 2d 1176 (Fla.), cert. denied, 543 U.S. 1000, 125 S.Ct. 627, 160 L.Ed.2d 458 (2004). We concluded that “the proper interpretation of Hill is to follow its express language.” Id. at 1181. That is, to meet the prejudice prong, a defendant challenging a guilty plea based on ineffective assistanc…
• Suomi v. State, 947 So. 2d 697 (Fla. 4th DCA 2007)
  …the defendant would not have entered plea but would have gone to trial. Cousino v. State, 770 So. 2d 1258 (Fla. 4th DCA 2000). He need not allege that he would have prevailed at trial. Grosvenor v. State, 874 So. 2d 1176, 1181 (Fla.), cert. denied, 543 U.S. 1000, 125 S.Ct. 627, 160 L.Ed.2d 458 (2004). Accordingly, we reverse and remand the summary denial of Defendant’s third ground for relief for either an evidentiary hearing or the attachment of portions of the record conclusively refuting the claim and o…
• Fabian v. State, 932 So. 2d 645 (Fla. 4th DCA 2006)
  …current sentencing. We find Fabian’s claim legally sufficient and remand for either the attachment of portions of the record conclusively refuting the claim or for an evidentiary hearing. See Grosvenor v. State, 874 So. 2d 1176 (Fla.), cert. denied, 543 U.S. 1000, 125 S.Ct. 627, 160 L.Ed.2d 458 (2004); Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985). GUNTHER, HAZOURI and MAY, JJ., concur.…