Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED GEORGE ANTHONY BROWN, Appellant, v. STATE OF FLORIDA, Appellee.
George Anthony Brown timely appeals the denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. Brown complains of twenty-two errors during trial that he argues constitute ineffective assistance of counsel and entitle him to reversal of his conviction: twelve of Brown's claims concern counsel's failure to object to statements made by the prosecutor during closing argument; four claims concern trial counsel's failure to object to testimony elicited by the prosecutor from various witnesses; and six additional claims concern alleged miscellaneous failures on the part of defense counsel during trial. The trial court held an evidentiary hearing on three of Brown's claims and summarily denied the remaining claims. After review, we reverse the summary denial of claims two, three, four, five, seven, ten, and twenty, and remand for attachment of portions of the record refuting those claims or for an evidentiary hearing. See Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.”). In all other respects, we affirm.
AFFIRMED in part; REVERSED in part; and REMANDED with instructions.
PALMER, EVANDER and BERGER, JJ., concur.
PER CURIAM.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: Case No. 5D12–4868
Decided: May 16, 2014
Court: District Court of Appeal of Florida, Fifth District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)