Walker v. State

Robert S. Walker appeals summary denial of his motion for collateral relief from a rape conviction. He alleges that defense counsel was ineffective in choosing to play for the jury an incomprehensible copy of an answering machine tape rather than the original tape, which could be understood. As to this allegation of ineffective assistance of counsel, we reverse and remand for an evidentiary hearing. We affirm otherwise.

During trial, defense counsel played a copy of an answering machine tape that purportedly contained a recording of the victim’s boyfriend saying that the victim had “been…