Legal Opinion

Martin v. State

District Court of Appeal of Florida

Decided October 18, 1978No. 78-138PublishedCited by 1 opinion

1Opinion of the Court

DAUKSCH, Judge.

This case comes to us from a denial of the appellant’s motion to vacate filed under Florida Rule of Criminal Procedure 3.850. We reverse because we find the appellant was denied effective assistance of counsel.

The public defender was appointed to represent the accused shortly after his arrest on December 24, 1974. On the 4th or 5th of January, 1975 an investigator from the public defender’s office visited the defendant in jail and in the discussion during that visit the defendant told the investigator of some witnesses who would provide an alibi for the defendant. They would…

2Cases cited4 opinions

  1. Gratton Earl Moore v. United StatesCourt of Appeals for the Third Circuit · 1970
  2. Connie Ray Caraway v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1970
  3. Cleveland Hollingshead v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1970
  4. Kimbrough v. StateDistrict Court of Appeal of Florida · 1977

3Cited by1 opinion

  1. State v. FreemanCircuit Court for the Judicial Circuits of Florida · 1989

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