JOSEPH GORMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WOLF, J.
Joseph Gorman argues that the trial court erred in denying his Florida Rule of Criminal Procedure 3.850 postconviction motion after an evidentiary hearing. He asserts that his trial counsel was ineffective for failing to interview a proposed medical witness prior to his trial on capital sexual battery charges. While we agree with appellant that he demonstrated that his counsel’s performance was deficient, no evidence was presented that the doctor would have been available to testify at trial or that he would have testified in a manner favorable to the defense. See State v. Hanania, 715 So. 2d 984, 986 (Fla. 2d DCA)(reversing trial court order granting new trial on claim of ineffective assistance of counsel predicated on counsel’s failure to call a codefendant and confidential informant as defense witnesses because defendant had failed to present any evidence at evidentiary hearing establishing what the confidential informant’s and codefendant’s testimony would have been), rev. denied, 727 So. 2d 905 (Fla.1998). We, therefore, affirm.
BARFIELD, C.J, and BOOTH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gorman v. State, 260 So. 3d 1196 (Fla. 1st DCA 2019)…d that his sister had long told him there was no molestation. He testified that “sometimes she seems like her mind’s not all there” and that “some of her memories are just court affirmed. Gorman v. State, 738 So. 2d 966 (Fla. 1st DCA 1999). 3 back and forth.” But his sister had “never said anything bad about [Gorman], not one word,” and was the victim of a “manipulative” mother. He believed her. The trial court also heard from the prosecutor who handled th…
Authorities Cited
- State v. Hanania, 715 So. 2d 984 (Fla. 2d DCA 1998)