Mackey v. State

District Court of Appeal of Florida

Mackey v. State

734 So. 2d 1167, 1999 Fla. App. LEXIS 7906, 1999 WL 393665

CourtDistrict Court of Appeal of Florida

DecidedJune 16, 1999

DocketNo. 99-0200

StatusPublished

This text of 734 So. 2d 1167 (Mackey 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.

Bluebook

Mackey v. State, 734 So. 2d 1167, 1999 Fla. App. LEXIS 7906, 1999 WL 393665 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

We reverse the trial court’s order on appellant’s motion for post-conviction relief to the extent that the court denied relief on appellant’s claim of ineffective assistance based on counsel’s alleged failure to investigate and call to trial certain. avaií[1168]*1168able alibi witnesses. Since the entine trial-court record has been provided, but does not conclusively refute appellant’s claim, the trial court is instructed to hold an evidentiary hearing on that claim. We affirm the trial court’s order in all other respects.

GUNTHER, POLEN and HAZOURI, JJ., concur.

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PER CURIAM.

We reverse the trial court’s order on appellant’s motion for post-conviction relief to the extent that the court denied relief on appellant’s claim of ineffective assistance based on counsel’s alleged failure to investigate and call to trial certain. avaií[1168]*1168able alibi witnesses. Since the entine trial-court record has been provided, but does not conclusively refute appellant’s claim, the trial court is instructed to hold an evidentiary hearing on that claim. We affirm the trial court’s order in all other respects.

GUNTHER, POLEN and HAZOURI, JJ., concur.

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Bluebook (online)

734 So. 2d 1167, 1999 Fla. App. LEXIS 7906, 1999 WL 393665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackey-v-state-fladistctapp-1999.