Swilley v. State
Swilley v. State
Opinion of the Court
Waymon Swilley seeks review of the trial court’s order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Swilley raises four claims of ineffective assistance of counsel in his motion. Because one of Swilley’s claims effectively alleges ineffective assistance of counsel and is not conclusively refuted by the record, we reverse and remand for an eviden-tiary hearing on that claim. We affirm the trial court’s denial of the remaining claims without discussion.
Swilley argues that trial counsel was ineffective for failing to have Swilley’s mental state evaluated when counsel knew that Swilley had mental problems. This argument may form the basis of a valid claim of ineffective assistance of counsel. Williams v. State, 685 So.2d 1317, 1318 (Fla. 2d DCA 1996); Urquhart v. State, 676 So.2d 64, 65 (Fla. 1st DCA 1996). The trial court denied relief on this claim based on its finding that Swilley had been evalu
Affirmed in part, reversed in part and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.