Maldonado v. State

Appellant, Efrain ■ Maldonado, appeals the order summarily denying-relief as to Ground 4 of his postconviction relief -motion filed pursuant to' Florida Rule of Criminal Procedure 3.850. In Ground 4, Appellant alleged that trial counsel was ineffective in failing to investigate and depose thle emergency room physician who treated the victim and who testified at trial that, in his experience, elbow dislocation, which the victim suffered, was not likely to occur from a fall. We agree with Appellant that the record does not conclusively refute his claim of ineffectiveness, and we reject the…