Legal Opinion · Concurring in part, dissenting in part

Vathis v. State

District Court of Appeal of Florida

Decided July 24, 2003No. 1D02-3906Published

1Concurring in part, dissenting in partErvin, J.

I concur -with the majority’s decision to affirm the denial of appellant’s postconviction motion as to all claims except the one addressed in the opinion, i.e., whether the trial court erred in summarily denying the claim for ineffective assistance of counsel regarding defense counsel’s failure to object and move for mistrial at the time the victim’s parents spontaneously rushed to the witness stand and escorted the victim back to her seat without the court’s permission and in full view of the jury. As to that issue, I would reverse and remand for further proceedings, because the trial…

2Cases cited5 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Beasley v. StateSupreme Court of Florida · 2000
  3. Burns v. StateSupreme Court of Florida · 1992
  4. State v. SukaHawaii Supreme Court · 1989
  5. Walker v. StateDistrict Court of Appeal of Florida · 1996

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