# Brown v. State

> District Court of Appeal of Florida · May 1, 1995 · 654 So. 2d 272

URL: https://www.frixlaw.com/law-library/cases/7688085

## Case

- **Full name:** Richard Lee BROWN v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** May 1, 1995
- **Citations:** 654 So. 2d 272; 1995 Fla. App. LEXIS 4536; 1995 WL 247863
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Booth, Joanos, Lawrence
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7688085

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7688085. Public record. Not legal advice.