Harrell v. State

Defendant appeals from the summary denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand.

In his motion, defendant claimed he provided trial counsel with the names and addresses of two potential alibi witnesses. Defense counsel allegedly failed to contact these witnesses, and failed to investigate the circumstances of the burglary. If defendant’s allegations are true, the trial counsel’s failure to investigate two potential alibi witnesses might constitute a substantial omission by defense counsel, and appellant might…