Floyd v. State

This is the second appeal from denials of Johnnie Floyd’s motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In Floyd v. State, 129 So.3d 1214, 1215 (Fla. 1st DCA 2014), we reversed in part the denial of the motion, and directed the trial court to address on remand whether counsel’s performance was “deficient for failing to object to the state’s questions regarding appellant’s post-arrest silence,” noting that because “the appellant’s defense at trial was self-defense, the state’s highlighting of the fact that he exercised his right to remain silent…