Legal Opinion

Carver v. State

District Court of Appeal of Florida

Decided January 31, 2001No. 1D00-3297Published

1Per curiam

The appellant challenges an order by which his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief was summarily denied. We conclude that the motion sets forth one colorable claim. In his sixth claim for'relief, the appellant alleges that his trial counsel was ineffective for failing to investigate or call various character and exculpatory witnesses. This allegation satisfies rule 3.850(c) and the requirements of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). See Gaskin v. State, 737 So.2d 509 (Fla.1999); Gillard v. State, 697 So.2d 896…

2Cases cited5 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Heggs v. StateSupreme Court of Florida · 2000
  3. Gaskin v. StateSupreme Court of Florida · 1999
  4. Kwil v. StateDistrict Court of Appeal of Florida · 2000
  5. Gillard v. StateDistrict Court of Appeal of Florida · 1997

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