District Court of Appeal of Florida

An order denying defendant's motion for postconviction relief is reversed in part where he established that his counsel provided deficient performance, as defense counsel's decision to elicit damaging character evidence against defendant, and to thereafter take no action to remedy the disclosure, so undermined the proper functioning of the adversarial process that the trial could not be relied on as having produced a just result.

Appellate Information

• Decided 11/15/2006
• Published 11/15/2006

Judges

• ALTENBERND, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Tiffany Gatesh Fearing, Assistant Attorney General, Tampa, for Appellee.