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Ford V. State

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eBook details

  • Title: Ford V. State
  • Author : Florida Supreme Court
  • Release Date : January 22, 2002
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

We have for review Ford v. State, 776 So. 2d 373 (Fla. 5th DCA 2001) (opinion on rehearing), which expressly and directly conflicts with the decision in Jackson v. State, 711 So. 2d 1371 (Fla. 4th DCA 1998), on the issue of whether an evidentiary hearing is required to determine whether trial counsel's actions were tactical when petitioner alleged that counsel failed to investigate or call potential witnesses and further alleged the identity of the prospective witnesses and the substance of the witnesses' testimony, and explained how the omission of this evidence prejudiced the outcome of the trial, and where the trial court did not attach portions of the record refuting those allegations. We have jurisdiction, see art. V, § 3(b)(3), Fla. Const., and quash Ford.


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