Anderson v. State

Barry Anderson appeals the summary denial of his post-conviction motion. We find that further proceedings are required on one of his allegations.

The allegation that Anderson’s trial counsel failed to investigate potential defense witness Derrick Harvey stated a legally sufficient claim of ineffective assistance of counsel. See Cohens v. State, 775 So.2d 336 (Fla. 2d DCA 2000) (claim of failure to investigate or call an exculpatory witness presents a prima facie case of entitlement to relief for ineffective assistance of counsel, unless rebutted by evidence in the record or testimony at an…