JUNIOR CAUGHRON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2000-09-13
No. 4D98-1627
WARNER, C.J., POLEN and KLEIN, JJ., concur.
767 So. 2d 606 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 2 cases
Topics
Recusal Of Judge Voluntary Intoxication Defense Self Defense Strickland V. Washington Standard

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Opinion of the Court
PER CURIAM.

[*607] PER CURIAM.

Junior Caughron appeals from a final order in which the trial court, after an evidentiary hearing, denied his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. He claimed his attorney provided ineffective assistance by failing to seek recusal of the trial judge upon learning that the judge had an ongoing personal relationship with the victim’s aunt. Following the hearing, the court found that the evidence showed no proof that the trial judge knew the victim before trial, that the decision not to seek recusal was a professional decision, and that the judge’s conduct at trial did not indicate that a different result would have occurred had a different judge presided. As no prejudice was shown, we affirm the court’s denial of his motion on this ground. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

Caughron further claimed his attorney was ineffective in not requesting jury instructions on the defenses of voluntary intoxication and/or self-defense. However, because the record supports that the decision to not request these instructions was a strategic one, we also affirm.

WARNER, C.J., POLEN and KLEIN, JJ., concur.

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Cited By

  • Johnson v. State, 820 So. 2d 1089 (Fla. 3d DCA 2002)
    …ly endorsed as a tactical or strategic decision. See Waters v. State, 779 So. 2d 625 (Fla. 1st DCA 2001); Romano v. State, 562 So. 2d 406 (Fla. 4th DCA 1990). See also Valle v. State, 705 So. 2d 1331 (Fla.1997)(citing Romano). Cf. Caughron v. State, 767 So. 2d 606 (Fla. 4th DCA 2000). Although there was a hearing on this motion, no evidence was taken. We therefore reverse, the order denying the motion on this issue and remand for an evidentiary hearing on this question. Affirmed in part; reversed in part an…

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