CLIFFORD SHELTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CLIFFORD SHELTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
631 So. 2d 370
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the order of the trial court denying defendant’s 3.850 motion without an evidentiary hearing. We remand for an evidentiary hearing on the issue of whether defense counsel’s conduct, which resulted in the striking of two defense witnesses on the issue of insanity, constituted ineffective assistance of counsel, and if so, whether the exclusion of the witnesses materially prejudiced the defendant’s insanity defense. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
DELL, C.J., and FARMER and PARIENTE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nava v. State, 659 So. 2d 1314 (Fla. 4th DCA 1995)…ing and a failure to preserve that issue for review in the direct appeal. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674, 693 (1984); Davis v. State, 648 So. 2d 1249, 1250 (Fla. 4th DCA 1995); Shelton v. State, 631 So. 2d 370 (Fla. 4th DCA 1994). We reject the state’s assertion that the motion was not properly sworn. The record reflects that the motion itself was properly sworn to and that some additional matters referred to in an accompanying memorandum, sworn to only…
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)