Johnson v. State

Dontavio Johnson appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse that portion of the trial court’s order which denies Johnson’s claims that his trial counsel was ineffective for failing to object to the State’s peremptory challenge of a prospective black juror and for improperly waiving his right to a Neil1 inquiry. We affirm the balance of the order without discussion.

In denying Johnson’s claims, the trial court determined that Johnson’s counsel was not ineffective because he objected to the State’s…