JIMMY LEE WARD, III
v.
STATE OF FLORIDA
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A postconviction claim alleging ineffective assistance of trial counsel for failing to object to the defendant being in restraints during trial is facially sufficient when it specifically alleges the jury saw the restraints, and the trial court must conduct an evidentiary hearing or attach records conclusively refuting the claim.
[1] A postconviction claim alleging ineffective assistance of trial counsel for failing to object to the defendant being in restraints during trial is facially sufficient whe…
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Join FLexlaw to unlock all legal intelligence“postconviction claim alleging trial counsel was ineffective for failing to object to defendant being in restraints must specifically allege jury saw restraints”
Court citing Jones v. State, 998 So. 2d 573, 588 (Fla. 2008) regarding the facial sufficiency requirement for restraints claims
Jimmy Lee Ward, III appealed the trial court's summary denial of his Rule 3.850 postconviction relief motion. Ward alleged in ground one that his tria…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JIMMY LEE WARD, III,
Appellant,
v. Case No. 5D18-3679
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed June 28, 2019
3.850 Appeal from the Circuit Court for Marion County, Robert W. Hodges, Judge.
Jimmy L. Ward, III, Monticello, pro se.
No Appearance for Appellee.
PER CURIAM.
Appellant appeals the trial court's summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure Rule 3.850. We affirm the trial court's summary denial of grounds two and three without further discussion. In ground one, Appellant alleges that his trial counsel provided ineffective assistance by failing to object to the jurors seeing him in handcuffs during the trial. We find that this first ground was facially sufficient. See Jones v. State, 998 So. 2d 573, 588 (Fla. 2008) (stating postconviction claim alleging trial counsel was ineffective for failing to object to defendant
2 being in restraints must specifically allege jury saw restraints). Because the record does not conclusively refute whether any jurors saw Appellant in handcuffs, we reverse and remand to the trial court to conduct an evidentiary hearing or to attach records conclusively refuting the claim. See, e.g., Way v. State, 41 So. 3d 425 (Fla. 1st DCA 2010); Torres v. State, 9 So. 3d 746 (Fla. 4th DCA 2009); Jensen v. State, 964 So. 2d 812 (Fla. 4th DCA 2007); Miller v. State, 852 So. 2d 904 (Fla. 4th DCA 2003). AFFIRMED in Part; REVERSED in Part; REMANDED with Instructions
ORFINGER, WALLIS and EDWARDS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jones v. State, 998 So. 2d 573 (Fla. 2008)
- Torres v. State, 9 So. 3d 746 (Fla. 4th DCA 2009)
- Jensen v. State, 964 So. 2d 812 (Fla. 4th DCA 2007)
- Wallace v. State, 852 So. 2d 904 (Fla. 4th DCA 2003)
- Miller v. State, 852 So. 2d 904 (Fla. 4th DCA 2003)
- WAY v. State, 41 So. 3d 425 (Fla. 1st DCA 2010)