Henry v. State

This is the appeal of the denial of a motion filed pursuant to Florida Rule of Criminal Procedure 3.850 seeking a new trial based on ineffective assistance of trial counsel.1 We vacate Appellant’s conviction and remand for new trial.

There is no doubt that the record portrays a pattern of error and omission that threads through the proceedings from pretrial to closing argument. As is often true when such errors are made by the defendant’s trial counsel, some appear not to have adversely affected the defendant or cannot be shown with any degree of certainty to have adversely affected the…