Legal Opinion

Joseph v. State

District Court of Appeal of Florida

Decided May 25, 2018No. Case No. 5D18–511PublishedCited by 1 opinion

1Per curiam

It appears from the record that a question was raised regarding Petitioner's competency to proceed to trial. Although the record indicates that the trial court appointed experts to evaluate Petitioner and held a competency hearing, it did not enter an order adjudicating Petitioner competent. On the face of the record, appellate counsel was ineffective for not addressing this issue in Petitioner's direct appeal. Accordingly, we grant the petition for writ of habeas corpus and remand this cause to *417the trial court to attempt to make a retroactive competency determination, if possible, or,…

2Cases cited1 opinion

  1. GIL CAMACHO v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2017

3Cited by1 opinion

  1. JUNIOR JOSEPH vs STATE OF FLORIDADistrict Court of Appeal of Florida · 2022

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