EFRAIN MALDONADO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Efrain Maldonado appealed a summary denial of his Rule 3.850 postconviction relief motion, claiming trial counsel was ineffective for failing to investigate and depose an emergency room physician. The appellate court agreed that the record did not conclusively refute his claim and reversed, holding that an evidentiary hearing was necessary to determine whether counsel's decisions were strategy or ineptitude.
The trial court erred in summarily denying the claim. The record does not conclusively refute the ineffectiveness allegation, and whether counsel's failure to depose the physician was strategic or constituted ineptitude cannot be determined from the motion and record alone. An evidentiary hearing is required unless the trial court can attach portions of the record conclusively refuting the claim.
[1] A postconviction relief claim alleging ineffective assistance of counsel requires an evidentiary hearing unless the motion and record conclusively show the defendant is e…
[2] A strategic decision by trial counsel generally does not constitute ineffective assistance of counsel, but an evidentiary hearing may be necessary to determine if the dec…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a defendant is entitled to an evidentia-ry hearing on a postconviction relief claim unless the motion and record conclusively show that he or she is entitled to no relief or where the claim is legally insufficient”
Establishes the standard for when an evidentiary hearing must be granted on Rule 3.850 claims
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMaldonado was convicted of a crime involving injury to a victim who suffered an elbow dislocation. An emergency room physician testified at trial that…
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Appellant, Efrain ■ Maldonado, appeals the order summarily denying-relief as to Ground 4 of his postconviction relief -motion filed pursuant to' Florida Rule of Criminal Procedure 3.850. In Ground 4, Appellant alleged that trial counsel was ineffective in failing to investigate and depose thle emergency room physician who treated the victim and who testified at trial that, in his experience, elbow dislocation, which the victim suffered, was not likely to occur from a fall. We agree with Appellant that the record does not conclusively refute his claim of ineffectiveness, and we reject the State’s contention that trial counsel’s decision not to depose the physician was “necessarily a reasonable strategic decision.” See Wainwright v. State, 896 So.2d 695, 698 (Fla.2004) (explaining that a defendant is entitled to an evidentia-ry hearing on a postconviction relief claim unless the motion and record conclusively show that he or she is entitled to no relief or where the claim is legally insufficient); see also Jackson v. State, 975 So.2d 485, 486 (Fla. 2d DCA 2007) (“Although strategic decisions generally do not constitute ineffective assistance of counsel, an eviden-tiary hearing may be necessary to determine whether counsel’s decisions were the product of strategy or ineptitude.”); Williams v. State, 872 So.2d 396, 397 (Fla. 1st DCA 2004) (“ ‘[A] finding that some action or inaction by defense counsel was tactical is generally inappropriate without an evidentiary hearing.’ ”) (Citation omitted).
Accordingly, we reverse the order on appeal and remand with instructions that the trial court either attach portions of the record conclusively refuting Ground 4 or conduct an evidentiary hearing on the claim. .
- REVERSED and REMANDED with instructions.
LEWIS, C.J., RAY and KELSEY, JJ.-, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Waters v. State, 267 So. 3d 538 (Fla. 1st DCA 2019)
Authorities Cited
- Wainwright v. State, 896 So. 2d 695 (Fla. 2004)
- Jackson v. State, 975 So. 2d 485 (Fla. 2d DCA 2007)
- Williams v. State, 872 So. 2d 396 (Fla. 1st DCA 2004)