¶1We 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).
631 So. 2d 370
Shelton v. State
District Court of Appeal of Florida
Decided February 9, 1994
District Court of Appeal of Florida · decided 1994-02-09
Cited by 1 later decisions — most recently September 1995
1 state decisions
Relies on Strickland v. Washington
Good law ✅— No negative treatment on recordhow we know
Decided 1994-02-09
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