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.
SIDNEY GRANT, Appellant, v. STATE OF FLORIDA, Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
Sidney Grant appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Grant raised nine grounds of ineffective assistance of trial counsel in his motion. However, in his brief, he claims only that Grounds One, Five, and Seven constitute error and seeks reversal on those grounds. Therefore, the other grounds alleged in his motion are deemed abandoned. See Ward v. State, 19 So. 3d 1060, 1060 (Fla. 5th DCA 2009).
Grounds One, Five, and Seven allege that Grant's trial counsel was ineffective for failing to: 1) object when a detective vouched for the child victim's credibility in his testimony; 2) impeach the victim with previous inconsistent statements; and 3) object when the detective commented on Grant's invocation of his right to remain silent. Because these three grounds are not conclusively refuted by the record, we reverse that part of the order under review summarily denying them and remand for attachment of portions of the record that conclusively refute them or for an evidentiary hearing. See Pierce v. State, 137 So. 3d 578, 582 (Fla. 2d DCA 2014).
AFFIRMED in part; REVERSED in part; REMANDED.
PER CURIAM.
SAWAYA, PALMER and ORFINGER, JJ., concur.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: Case No. 5D16-2393
Decided: December 22, 2016
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)