Martin v. State
District Court of Appeal of Florida
1Opinion of the CourtSawaya, J.
We reverse the trial court’s summary denial of Billy J. Martin’s third claim of ineffective assistance of counsel and remand for the trial court to either attach records conclusively refuting Martin’s claim or conduct an evidentiary hearing on the matter.1 See Fla. R.App. P. 9.141(b)(2)(D). In the third claim, Martin asserted that his defense counsel was ineffective for failing to argue at the suppression hearing that Martin was detained longer than was necessary for Deputy Joyner to issue a traffic citation, rendering the exterior search of Martin’s vehicle by Deputy Joyner’s drug-sniffing…
2Cases cited3 opinions
- Tillman v. StateSupreme Court of Florida · 1985
- Johnson v. StateDistrict Court of Appeal of Florida · 2004
- Williams v. StateDistrict Court of Appeal of Florida · 2004