Judd v. State

This is an appeal by John Judd from an order denying a motion filed under rule 3.850, Florida Rules of Criminal Procedure. We affirm in part, reverse in part, and remand.

Appellant filed a motion for post-conviction relief alleging a claim of newly discovered evidence and a multifaceted claim of ineffective assistance of counsel. At issue here is appellant’s claim alleging ineffective assistance of his trial counsel for failing to object to the presence of a sleeping juror.

This court has previously reversed the summary denial of rule 3.850 motions in which the defendant alleged his trial…