Legal Opinion

McQuitter v. State

District Court of Appeal of Florida

Decided December 27, 2012No. 4D11-2419PublishedCited by 3 opinions

1Per curiam

Appellant Taitón McQuitter challenges the denial of a post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Following an evidentiary hearing, the trial court denied relief stating that it could not “conclude that the failure to present these witnesses’ testimony would have changed the outcome or the verdict in this case.” Because it is not clear whether the court correctly applied the prejudice standard of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), we remand for further proceedings.

McQuitter was convicted after jury trial of…

2Cases cited4 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Harrington v. RichterSupreme Court of the United States · 2011
  3. Wong v. BelmontesSupreme Court of the United States · 2009
  4. Thomas v. StateDistrict Court of Appeal of Florida · 2007

3Cited by3 opinions

  1. & SC12-2619 Pablo Ibar v. State of Florida and Pablo Ibar v. Julie L. Jones, etc.Supreme Court of Florida · 2016
  2. & SC12-2619 Pablo Ibar v. State of Florida and Pablo Ibar v. Julie L. Jones, etc.Supreme Court of Florida · 2016
  3. State of Florida v. Mc ReynoldsDistrict Court of Appeal of Florida · 2025

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