Supreme Court of Florida

Courts may require a defendant who is asserting ineffective assistance of counsel based on counsel's failure to call certain witnesses to include an assertion that the witnesses were available and would have testified at trial. This requirement is integral to a defendant's allegations of prejudice.

Appellate Information

• Decided 06/03/2004
• Published 06/03/2004

Judges

• WELLS, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• James B. Gibson, Public Defender, and Marvin F. Clegg, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Petitioner.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, and Angela D. McCravy and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, FL, for Respondent.