Legal Opinion

Berry v. State

District Court of Appeal of Florida

Decided August 26, 2014No. 1D13-3638Published

1Per curiam

Donnie Berry appeals the summary denial of an eight-ground motion for postcon-viction relief alleging ineffective assistance of counsel in the proceedings leading to his convictions for two counts of robbery with a firearm and one count of resisting an officer without violence. Based on our own careful review of Berry’s arguments, we hold that Berry has established reversible error with respect to two grounds.1 We reverse and remand for either an evi-dentiary hearing or attachment of portions of the record conclusively refuting Berry’s claims that counsel rendered ineffective assistance (1)…

2Cases cited8 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Freeman v. StateSupreme Court of Florida · 2000
  3. Simmons v. StateSupreme Court of Florida · 2006
  4. Grant v. StateSupreme Court of Florida · 1980
  5. Toler v. StateDistrict Court of Appeal of Florida · 1986

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