Duncan v. State

SALCINES, Judge.

Steven Duncan appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Duncan alleges that counsel was ineffective for failing to object to certain improper questions and arguments made by the prosecutor. We agree as to two of Duncan’s claims and reverse as to those.

First, Duncan alleges that counsel erred in failing to object when the prosecutor attempted to impeach Duncan’s alibi witness with a statement allegedly made by her husband during a deposition but never admitted into evidence at trial. Duncan…