Hall v. State

Appellant’s rule 3.850 motion, alleging that his counsel was ineffective for failing to depose and call as a witness the Bro-ward sheriffs DNA expert, was denied without a hearing. Appellant alleges that the expert would have testified as to the absence of his DNA on the victim or in any relevant area. The state argues" that the decision not to call the DNA expert was a trial strategy decision. Normally, trial strategy decisions cannot be determined under the circumstances in this case without an evidentiary hearing. Evans v. State, 737 So.2d 1167 (Fla. 2d DCA 1999)(citing Guisasola v. State,…