Florida District Courts of Appeal, 1994

Shelton v. State

Florida District Courts of Appeal · Decided February 9, 1994 · Dell, Farmer, Pariente

631 So. 2d 370; 1994 Fla. App. LEXIS 801; 1994 WL 35495 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Nava v. State (Fla. Dist. Ct. App. 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We reverse the order of the trial court denying defendant’s 3.850 motion without an evidentiary hearing. We remand for an evi-dentiary hearing on the issue of whether defense counsel’s conduct, which resulted in the striking of two defense witnesses on the issue of insanity, constituted ineffective assistance of counsel, and if so, whether the exclusion of the witnesses materially prejudiced the defendant’s insanity defense. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

DELL, C.J., and FARMER and PARIENTE, JJ., concur.

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