Walker v. State

The trial court summarily denied appellant’s motion for posteonviction relief that was filed pursuant to Florida Rule of Criminal Procedure 3.850. In the motion, appellant claimed that he was denied effective assistance of counsel at his jury trial where counsel failed to request a jury instruction on appellant’s right not to testify. This was a facially sufficient claim that should not have been subject to summary denial. See Simpson v. State, 479 So.2d 314 (Fla. 5th DCA 1985).

*925The trial court seems to have concluded that it was a tactical decision of defense counsel whether or not to request…