JEAN-BART v. State

District Court of Appeal of Florida

JEAN-BART v. State

56 So. 3d 139, 2011 Fla. App. LEXIS 3747, 2011 WL 890933

CourtDistrict Court of Appeal of Florida

DecidedMarch 16, 2011

Docket4D09-4306

StatusPublished

This text of 56 So. 3d 139 (JEAN-BART v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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JEAN-BART v. State, 56 So. 3d 139, 2011 Fla. App. LEXIS 3747, 2011 WL 890933 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

We affirm the trial court’s summary denial of appellant’s post-conviction motion in all respects but two. We reverse and remand for an evidentiary hearing regarding the following: Claim 2 — Appellant’s claim that his trial counsel was ineffective in failing to investigate the injuries allegedly suffered by Officer Guelli during the altercation that led to the charges in this case; and Claim 4 — Appellant’s claim that his trial counsel was ineffective in failing to investigate and secure the alleged video of the incident. Appellant has the burden of proving his claims at the hearing. Pennington v. State, 34 So.3d 151, 154 (Fla. 1st DCA 2010).

POLEN, TAYLOR and HAZOURI, JJ., concur.

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PER CURIAM.

We affirm the trial court’s summary denial of appellant’s post-conviction motion in all respects but two. We reverse and remand for an evidentiary hearing regarding the following: Claim 2 — Appellant’s claim that his trial counsel was ineffective in failing to investigate the injuries allegedly suffered by Officer Guelli during the altercation that led to the charges in this case; and Claim 4 — Appellant’s claim that his trial counsel was ineffective in failing to investigate and secure the alleged video of the incident. Appellant has the burden of proving his claims at the hearing. Pennington v. State, 34 So.3d 151, 154 (Fla. 1st DCA 2010).

POLEN, TAYLOR and HAZOURI, JJ., concur.

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Bluebook (online)

56 So. 3d 139, 2011 Fla. App. LEXIS 3747, 2011 WL 890933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jean-bart-v-state-fladistctapp-2011.

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