DONALD ANDERSON
v.
STATE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court's summary denial of a postconviction claim of ineffective assistance of counsel based on counsel's failure to investigate and call a material witness must be reversed if the record does not conclusively refute the claim.
[1] A trial court's summary denial of a postconviction claim of ineffective assistance of counsel must be reversed and remanded for an evidentiary hearing or documentary refu…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceDonald Anderson filed multiple motions for postconviction relief under Florida Rule of Criminal Procedure 3.850. Anderson presented four issues on app…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Failure To Investigate cases and more on FLexlaw
PER CURIAM.
Donald Anderson appeals the summary denial of his motions for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the brief filed by Anderson states four issues, he declined to address two of them. As to these two issues, we affirm without further discussion. We also affirm without discussion the summary denial of Anderson’s claim of newly discovered evidence regarding alleged errors made by a State expert in fingerprint analysis.
Regarding the fourth issue, Anderson argues that the alleged failure of his counsel to investigate and call a material witness warrants relief. We reverse the summary denial of this claim and remand for the trial court to attach to its order portions of the record conclusively refuting this claim or for an evidentiary hearing.
AFFIRMED in part; REVERSED in part; REMANDED. SAWAYA, PALMER and EDWARDS, JJ., concur.