Kiser v. State

Melvin P. Kiser appeals from an order denying a 3.850 post-conviction motion in which he raised a number of claims of ineffective assistance of counsel. With the exception of Kiser’s first claim regarding counsel’s advice as to whether he should testify at trial, which we find to be facially sufficient, we affirm.

Because the record does not conclusively show that Kiser is not entitled to relief on his facially sufficient claim regarding counsel’s advice as to whether he should testify at trial, we remand that claim to the court below for an evidentiary hearing on the issue. See Jacobs v.…