Legal Opinion

Ferrer v. State

District Court of Appeal of Florida

Decided February 18, 2009No. 4D08-3027PublishedCited by 6 opinions

1Opinion of the CourtWarner, J.

We affirm the trial court’s order summarily denying appellant’s motion for postconviction relief on all grounds except one. As to that claim, he maintains that he was deprived of his right to testify because of his attorney’s misadvice that the state could impeach him with the facts and nature of his prior convictions. See Hope v. State, 960 So.2d 912 (Fla. 4th DCA 2007); Tyler v. State, 793 So.2d 137, 141 (Fla. 2d DCA 2001). We conclude that appellant’s motion is legally sufficient to state a claim on this ground on both the deficient performance and prejudice prongs of the Strickland test.…

2Cases cited7 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Larzelere v. StateSupreme Court of Florida · 1996
  3. Oisorio v. StateSupreme Court of Florida · 1996
  4. Allen v. StateSupreme Court of Florida · 1994
  5. Tyler v. StateDistrict Court of Appeal of Florida · 2001

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3Cited by6 opinions

  1. Vantavia B. Jackson-Johnson v. State of FloridaDistrict Court of Appeal of Florida · 2016
  2. Parks v. StateDistrict Court of Appeal of Florida · 2011
  3. State v. TellesNew Mexico Court of Appeals · 2011
  4. Jerkins v. StateDistrict Court of Appeal of Florida · 2013
  5. Robinson v. StateDistrict Court of Appeal of Florida · 2015

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