State of Florida v. Eric Lucas

183 So. 3d 1027, 41 Fla. L. Weekly Supp. 19, 2016 Fla. LEXIS 189, 2016 WL 339550
CourtSupreme Court of Florida
DecidedJanuary 28, 2016
DocketSC14-1925
StatusPublished
Cited by9 cases

This text of 183 So. 3d 1027 (State of Florida v. Eric Lucas) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Florida v. Eric Lucas, 183 So. 3d 1027, 41 Fla. L. Weekly Supp. 19, 2016 Fla. LEXIS 189, 2016 WL 339550 (Fla. 2016).

Opinions

LABARGA, C.J.

The State seeks review of the decision of the Fourth District Court of Appeal in Lucas v. State, 147 So.3d 611 (Fla. 4th DCA 2014), on the ground that it expressly and directly conflicts with a decision of this Court, Nelson v. State, 875 So.2d 579 (Fla.2004), on a question of law. We have [1029]*1029jurisdiction. See art. V, § 3(b)(3), Fla. Const. The question before the Court is whether a postconviction movant filing a motion under Florida Rule of Criminal Procedure 3.850 alleging that trial counsel was ineffective in failing to consult and present an expert in a particular field must always identify that witness by name and allege that the witness would have been available to testify at trial — and whether failure to do so will render the claim legally insufficient. For the reasons discussed below, we answer this question in the negative and approve the district court’s decision in Lucas.

I. FACTUAL AND PROCEDURAL HISTORY

The background facts of this case and the original convictions are set forth in Lucas v. State, 67 So.3d 332 (Fla. 4th DCA 2011). Lucas was convicted of burglary of a dwelling with a battery and aggravated battery. Id. at 334. The district court explained:

At trial, a witness, Lewisha Freeman, testified to hearing a woman banging on doors and screaming, “[Sjomebody help me, he is going to kill me.” Freeman stepped outside her apartment and saw appellant yelling at a woman and grabbing the woman by her throat. Appellant released the woman, later identified as appellant’s girlfriend Lauren Glush-ko, who then went into Freeman’s apartment.
Appellant yelled through the door of Freeman’s apartment and threatened, “I will fight you like a man.” Freeman called the police, but before they could arrive, appellant broke into Freeman’s apartment by “busting” through the door. Appellant then hit Freeman on her face and body. Appellant ceased hitting Freeman only when the apartment manager entered the apartment, and appellant then fled.

Id. The opinion further stated that victim Freeman “sustained two fractures around her eye and was hospitalized for three days.” Id. Lucas was convicted and sentenced to life in prison as. a prison releasee reoffender. Id. at 335. On appeal, the Fourth District affirmed the convictions and sentence. Id. at 337.

On January 22, 2013, Lucas filed a post-conviction motion under Florida Rule of Criminal Procedure 3.850 raising four grounds for relief. Ground One, the only claim at issue here, alleged that trial counsel was ineffective in failing to consult and hire an ophthalmologist expert to rebut the State’s claim that the victim suffered permanent eye damage as an element of aggravated battery.1 The motion alleged that the victim testified at trial that she had to wear an eye patch and could not see with both eyes open at one time — and that she needed surgery but could not afford it. The motion further alleged that the State’s witness, Dr. John Clark, an oral maxillofa-cial surgeon, testified that an ophthalmologist would be better suited to examine Freeman, but that eye sockets fracture easily and Freeman did not need eye surgery, The motion alleged that an ophthalmologist had examined Freeman and stated in a report, which was reviewed by Dr. Clark, that Freeman would be “okay” but should see a specialist if she had further visual difficulty, and that she could be referred to a specialist who could treat her with medication. Lucas contended that the prosecutor used this testimony to ar[1030]*1030gue for permanent injury to support the crime of aggravated battery.

‘ Lucas also argued in his motion that trial counsel had a duty to present an expert in the field' of ophthalmology to rebut the presumption of permanent injury as an element of aggravated batteiy — and that if trial counsel had done so, the jury would have heard testimony that the injury was not permanent and could be corrected by surgery or medication. The motion did not name a specific expert and thus, did not state that- any specific expert would have been available to testify at the trial.

The State’s response to the 3.850 motion contended that the claim in Ground One— the issue concerning counsel’s failure to present an expert ophthalmologist — was insufficiently pled because it did not name the witness that should- have been called, did not set forth the testimony that the witness would present, did not allege that the witness would have been available to testify at trial, and did not set forth the prejudice to the defendant.2 In support of its arguments, the State cited Nelson, 875 So.2d 579, and focused mainly on the failure to specifically name a witness and allege that such a witness would have been available to testify. The State argued that Nelson’s requirement to identify a witness applied equally to a fact witness and an expert witness.

Without holding a hearing and without an explanation, the trial court issued an order striking the motion and allowing Lucas thirty days to file an amended motion. Lucas then filed a motion for rehearing, which was denied. He did not file an amended 3.850 motion, but filed his pro se notice of appeal to the Fourth District Court of Appeal. The district court, relying on Terrell v. State, 9 So,3d 1284 (Fla. 4th DCA 2009), reversed the trial court’s order, Lucas, 147 So.3d at 612. Quoting Terrell, the district court held:

Although the defendant is usually required to identify fact" witnesses by name, we are aware of no authority requiring the defendant to provide the name of a particular expert where the defendant claims that trial counsel failed to secure an expert in a named field of expertise. We thus do not agree-that the defendant’s postconviction claim was facially, insufficient.

Id. The district court concluded that Lucas’s postconviction motion was facially sufficient because it explained the relevance and substance of the expected testimony from an expert ophthalmologist and alleged that, but for the error of counsel, the outcome of the proceedings would have been different. Id. The State sought review of the district court’s decision in this Court, arguing that it conflicts with our decision in Nelson. We granted review and appointed counsel to represent Lucas.

II, ANALYSIS

, In this analysis, we must determine whether a 3.850 motion is sufficient if it sets forth a factual basis demonstrating that trial counsel knew or should have known that an expert in a specific field of expertise, could . have offered testimony that would reasonably have resulted in a different outcome. Our review of this question of law is de novo. Nelson, 875 So.2d at 581.

We turn first to Florida Rule of Criminal Procedure 3.850(c), which states thé required contents of a postconviction motion and provides:

(c) Contents of Motion. The motion must be under oath stating that the defendant has read the motion or that it [1031]*1031has been read to him or her, that the defendant understands its content, and that all of the facts stated therein are true and correct. The motion must also include an explanation of:
(1) the judgment or sentence under attack and the court that rendered' the same;

Free access — add to your briefcase to read the full text and ask questions with AI

Related

JESUS G. GONSALEZ vs STATE OF FLORIDA
District Court of Appeal of Florida, 2023
Townsend v. State
201 So. 3d 716 (District Court of Appeal of Florida, 2016)
Cox v. State
189 So. 3d 221 (District Court of Appeal of Florida, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
183 So. 3d 1027, 41 Fla. L. Weekly Supp. 19, 2016 Fla. LEXIS 189, 2016 WL 339550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-florida-v-eric-lucas-fla-2016.