Nelson v. State

Appellant, Nelson, challenges the summary denial of his motion for postconviction relief. While the trial court found that his counsel’s performance may have been deficient, it concluded that appellant suffered no prejudice. We reverse, because the record before us does not conclusively refute the allegations of ineffectiveness or prejudice.

Nelson was convicted of home invasion robbery after a jury trial in which the victim and the co-defendant testified against him. From the testimony of the victim, the jury learned that Nelson went to the victim’s house to borrow a movie. Nelson took the…