Clayton v. State

After Yancy Bernard Clayton filed a timely motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 raising two claims of ineffective assistance of counsel, the postconviction court summarily denied both claims in 2008. We reviewed the postconviction court’s order in case number 2D08-2020 and reversed and remanded for further proceedings. Specifically, as to Clayton’s claim that his counsel was ineffective for failing to move to disqualify the presiding judge on the ground that the judge was a former assistant state attorney who had prosecuted cases against him, this…