Odegaard v. State

I concur fully in the court’s decision to reverse the postconviction court’s order. I write to express my view that, on remand, the postconviction court must consider carefully the impact of the United States Supreme Court’s decisions in Lafler v. Cooper, — U.S. —, 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012), and Missouri v. Frye,— U.S. —, 132 S.Ct. 1399, 182 L.Ed.2d 379 (2012), and the Supreme Court of Florida’s decision in Alcorn v. State, 121 So.3d 419 (Fla.2013), on the Strickland prejudice prong. A bit of history will be helpful.

In Cottle v. State, 733 So.2d 963, 966-67 (Fla.1999), our…