Legal Opinion

Cowan v. State

District Court of Appeal of Florida

Decided August 10, 2018No. Case No. 5D17-3728Published

1Per curiam

Dexter Cowan appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Cowan raises seven grounds of ineffective assistance of counsel. Because the record does not conclusively refute Cowan's claim that counsel was ineffective for failing to call an expert witness to challenge the conclusions made by the State's fingerprint expert, we reverse the summary denial of Ground Five and remand for attachment of portions of the record conclusively refuting this claim or for an evidentiary hearing. See Cox v. State, 189 So.3d 221,…

2Cases cited3 opinions

  1. Baker v. StateDistrict Court of Appeal of Florida · 2002
  2. Cox v. StateDistrict Court of Appeal of Florida · 2016
  3. Ward v. StateDistrict Court of Appeal of Florida · 2003

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