Legal Opinion

McDannold v. State

District Court of Appeal of Florida

Decided May 17, 2007No. 1D06-5481Published

1Per curiam

Robert McDannold appeals the summary denial of his 3.850 postconviction motion. We affirm the trial court’s order and write only to address two issues.

In ground eight of the postconviction motion, appellant argues defense counsel rendered ineffective assistance by not objecting to improper bolstering of the state’s expert witness — Dr. Aruzza. Although the doctor’s reference to the “study” was indeed improper, see Schwarz v. State, 695 So.2d 452, 455 (Fla. 4th DCA 1997), the record attachments provided by the trial judge conclusively refute appellant’s claim that, in the absence of the…

2Cases cited7 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. DiGuilioSupreme Court of Florida · 1986
  3. Jones v. StateSupreme Court of Florida · 1991
  4. Hallman v. StateSupreme Court of Florida · 1979
  5. Schwarz v. StateDistrict Court of Appeal of Florida · 1997

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