Henderson v. State

Adrian P. Henderson appeals the summary denial of his motion for posteonviction relief. Of the several allegations raised, we hold that only one may potentially have merit. Therefore, we reverse and remand for further consideration only of the claim that counsel was ineffective for failing to object to the prosecutor’s improper comment on Henderson’s failure to call witnesses.

When available and competent witnesses are equally available to both parties, no inference should be drawn or comments made concerning the failure of either party to call the witness. State v. Michaels, 454 So.2d 560,…