Legal Opinion

Osborne v. State

District Court of Appeal of Florida

Decided September 14, 2005No. 4D05-1349Published

1Per curiam

Appellant James Osborne appeals a trial court order which summarily denied his motion for post conviction relief from his burglary conviction. We affirm the summary denial of appellant’s claims except for claim (c). In that claim, appellant alleged ineffective assistance of trial counsel for failure to investigate potential defense witness.

First he claims that he failed to call Jewslay who was living in the apartment where the burglary occurred and who allegedly would have said that he sold appellant the television and VCR Osborne was charged with having taken. Also, appellant alleged that…

2Cases cited4 opinions

  1. Nelson v. StateSupreme Court of Florida · 2004
  2. Erlsten v. StateDistrict Court of Appeal of Florida · 2003
  3. James v. StateDistrict Court of Appeal of Florida · 2004
  4. Kiser v. StateDistrict Court of Appeal of Florida · 2005

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