Legal Opinion

McIntosh v. State

District Court of Appeal of Florida

Decided July 26, 2006No. 2D04-3777Published

1Opinion of the Court

ALTENBERND, Judge.

James McIntosh appeals a final order denying his motion for postconviction relief in which he raised seven grounds of inef*2fectiveness of counsel. We conclude that two of the grounds involve deficient performance by his trial counsel. Although the issue is close, we also conclude that Mr. McIntosh has established the degree of prejudice that warrants a new trial in this case. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

Mr. McIntosh was charged with attempted first-degree murder for the stabbing of eighteen-year-old Kenneth Brooks. At…

2Cases cited6 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Chamberlain v. StateSupreme Court of Florida · 2004
  3. Knowles v. StateSupreme Court of Florida · 1993
  4. Brown v. StateDistrict Court of Appeal of Florida · 1989
  5. Izquierdo v. StateDistrict Court of Appeal of Florida · 1998

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API