DEMESHIO WARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Motion For Postconviction Relief cases and more on FLexlaw
PER CURIAM.
The appellant challenges the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. Among other claims, the appellant alleged that trial counsel was ineffective in failing to obtain an expert for fingerprint analysis and present such evidence at trial, so as to counter the state’s fingerprint evidence. This claim was made with the specificity required under Gaskin v. State, 737 So. 2d 509 (Fla.1999), and is not precluded by the appellant’s acquiescence in counsel’s actions at trial. See Evans v. State, 737 So. 2d 1167 (Fla. 2d DCA 1999). The claim is legally sufficient as indicated in Baker v. State, 826 So. 2d 524 (Fla. 4th DCA 2002), and should not have been denied without proper record attachments or an evidentiary hearing. The appealed order is therefore reversed as to the denial of this claim, and affirmed as to the denial of the remaining claims.
BARFIELD, ALLEN and DAVIS, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cowan v. State (Fla. 5th DCA 2018)…rprint expert, we reverse the summary denial of Ground Five and remand for attachment of portions of the record conclusively refuting this claim or for an evidentiary hearing. See Cox v. State, 189 So. 3d 221, 222 (Fla. 2d DCA 2016); Ward v. State, 861 So. 2d 107, 107 (Fla. 1st DCA 2003); Baker v. State, 826 So. 2d 524, 525 (Fla. 4th DCA 2002). We affirm on all other grounds. AFFIRMED in Part, REVERSED in Part, and REMANDED with Instructions. PALMER, BERGER and WALLIS, JJ., concur.…
-
Cowan v. State, 250 So. 3d 870 (Fla. 5th DCA 2018)…expert, we reverse the summary denial of 2 Ground Five and remand for attachment of portions of the record conclusively refuting this claim or for an evidentiary hearing. See Cox v. State, 189 So. 3d 221, 222 (Fla. 2d DCA 2016); Ward v. State, 861 So. 2d 107, 107 (Fla. 1st DCA 2003); Baker v. State, 826 So. 2d 524, 525 (Fla. 4th DCA 2002). We affirm on all other grounds. AFFIRMED in Part, REVERSED in Part, and REMANDED with Instructions. PALMER, BERGER and WALLIS, JJ., concur.…
Authorities Cited
- Gaskin v. State, 737 So. 2d 509 (Fla. 1999)
- Evans v. State, 737 So. 2d 1167 (Fla. 2d DCA 1999)
- Jeandis Estime v. State, 826 So. 2d 524 (Fla. 4th DCA 2002)
- Baker v. State, 826 So. 2d 524 (Fla. 4th DCA 2002)