Legal Opinion

James v. State

District Court of Appeal of Florida

Decided October 10, 2007No. 4D06-2605Published

1Opinion of the CourtPolen, J.

Appellant, Ricardo James, appeals the trial court’s summary denial of his rule 3.850 motion for post-conviction relief. James raises five claims in this appeal and we find merit in claims one and two. As to these two claims, James argues he received ineffective assistance of counsel because defense counsel failed to call three witnesses that were crucial to his defense. We affirm the trial court’s summary denial of all but claims one and two of James’s motion and reverse and remand with instructions for the trial court to allow James to amend his motion on these claims.

“[A] defendant alleging…

2Cases cited3 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Nelson v. StateSupreme Court of Florida · 2004
  3. Petz v. StateDistrict Court of Appeal of Florida · 2005

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