Johns v. State

Michael Lewis-Steven Johns appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court's order without comment except as to claim three. As to that claim, we reverse.

In claim three, Johns argues that trial counsel was ineffective for failing to argue that the trial court improperly considered impermissible matters-his "psychopathy" and that he might "be a budding psychopath" when there was no evidence to support the trial court's observations. A defendant's due process rights are violated when a trial court…