Credit: Rawf8/Adobe Stock. In Reversal of Postconviction Trial Court Ruling, Florida Appeals Court Reinstates Ineffective-Counsel Claims
A Florida appeals court has reversed a trial court's rejection of a convict's ineffective-assistance grounds as relief from his conviction, saying that a judge's "subsequent explanation" regarding his true sentence-length exposure could not "cure" his lawyer's earlier wrongful advice.
August 09, 2022 at 05:48 PM
5 minute read
A Florida appeals court has reversed a trial court's rejection of a convict's ineffective-assistance grounds as relief from his conviction, saying that a judge's "subsequent explanation" regarding his true sentence-length exposure could not "cure" his lawyer's earlier wrongful advice.
"In other words, 'events occurring after [the defendant] rejected the plea offer could not cure counsel's alleged failure to provide him with all of the information necessary to make an informed decision concerning the offer,'" wrote the Second District Court of Appeal based in Lakeland, Florida, as it cited the Florida appellate decision in Wilson v. State.
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