Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided July 10, 1986No. 86-165Published

1Opinion of the Court

DAUKSCH, Judge.

This is an appeal from an order denying post-conviction relief, which relief was sought under Fla.R.Crim.P. 3.850.

The petition for post-conviction relief is sufficient to require a hearing to determine the question of whether appellant was de*1366nied effective assistance of counsel. The judge below held a hearing on the motion and denied the relief sought, a new trial. Appellant was not at the hearing where his former lawyer testified contrary to certain allegations made by appellant and where the lawyer gave testimony in support of his position that appellant was given effective…

2Cases cited3 opinions

  1. Harrell v. StateDistrict Court of Appeal of Florida · 1984
  2. Alfonso v. StateDistrict Court of Appeal of Florida · 1975
  3. Smith v. StateDistrict Court of Appeal of Florida · 1986

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