Legal Opinion

Wiley v. State

District Court of Appeal of Florida

Decided March 30, 1999No. 98-2929Published

1Per curiam

Joseph Wiley appeals the denial of his motion for post-conviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure. Appellant’s motion, his second motion for post-conviction relief, raised three separate claims for ineffective assistance of counsel. We find claims one and three legally insufficient and affirm as to those claims. We do find that appellant’s second issue raises a colorable claim that his trial counsel was ineffective for failure to call a witness who would have given exculpatory testimony. Highsmith v. State, 617 So.2d 825, 826 (Fla. 1st DCA 1993); see also…

2Cases cited3 opinions

  1. Highsmith v. StateDistrict Court of Appeal of Florida · 1993
  2. Marrow v. StateDistrict Court of Appeal of Florida · 1998
  3. Mitchell v. StateDistrict Court of Appeal of Florida · 1997

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