Shelton v. State

631 So. 2d 370, 1994 Fla. App. LEXIS 801, 1994 WL 35495
District Court of Appeal of Florida·Decided February 9, 1994·No. No. 93-3085·Published·Cited by 1 cases

Opinion

PER CURIAM.

We reverse the order of the trial court denying defendant’s 3.850 motion without an evidentiary hearing. We remand for an evi-dentiary hearing on the issue of whether defense counsel’s conduct, which resulted in the striking of two defense witnesses on the issue of insanity, constituted ineffective assistance of counsel, and if so, whether the exclusion of the witnesses materially prejudiced the defendant’s insanity defense. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

DELL, C.J., and FARMER and PARIENTE, JJ., concur.

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Shelton v. State, 631 So. 2d 370, 1994 Fla. App. LEXIS 801, 1994 WL 35495 (Fla. Ct. App. 1994).

631 So. 2d 370 (Shelton v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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