Smyth v. State

Douglas Smyth appeals an order summarily denying his multi-issue Rule 3.850 motion for post-conviction relief. We affirm the trial court’s denial of all of the claims except for one. In claim four, Smyth alleges that counsel failed to demand analysis of hair found in the victim’s underwear and such testing would have furthered Smyth’s claim of innocence as advanced at trial. This point of the motion was not specifically addressed either by the response filed in the trial court or the order denying relief.

Responding to this court, the state contends that the decision not to test the hairs in…