Opinion

Brown v. State

  • 654 So. 2d 272
  • 1995 Fla. App. LEXIS 4536
  • 1995 WL 247863
Court
District Court of Appeal of Florida
Filed
May 1, 1995
Status
Published
On the bench
Booth, Joanos, Lawrence
Cited by
3 cases
Authority
More cited than 64.2%

reversing summary denial, without attachments, of postconviction motion alleging ineffective assistance of counsel in allowing to serve on jury a person whom the movant had informed counsel he knew and who was hostile to him

How later courts described this case

  • reversing summary denial, without attachments, of postconviction motion alleging ineffective assistance of counsel in allowing to serve on jury a person whom the movant had informed counsel he knew and who was hostile to him

Written by the judges who cited it.

The opinion

PER CURIAM.

Appellant’s allegations that his trial counsel was ineffective in allowing a juror to serve on the jury after counsel was informed by appellant that the juror knew appellant and was hostile to him were sufficient to require the trial court to attach portions of the record which refuted claim or to hold an evidentiary hearing. See Gibbs v. State, 604 So.2d 544 (Fla. 1st DCA 1992). Since the trial court’s attachments do not refute appellant’s claim, we REVERSE and REMAND for further proceedings according to rule 3.850, Fla.R.Crim.P.

BOOTH, JOANOS and LAWRENCE, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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