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Douglas v. State

District Court of Appeal of Florida, First District
Sep 20, 2006
937 So. 2d 825 (Fla. Dist. Ct. App. 2006)

Opinion

No. 1D04-3731.

September 20, 2006.

Appeal from the Circuit Court, Alachua County, Larry G. Turner, J. ATD. Todd Doss, Lake City, for Appellant.

Charlie Crist, Attorney General, and Felicia A. Wilcox, Assistant Attorney General, Tallahassee, for Appellee.


Because we conclude that defense counsel's failure to investigate appellant's treating physician due to counsel's speculation that the physician's opinions, which counsel was unaware of, would be successfully challenged on cross-examination constituted ineffective assistance of trial counsel, we reverse the trial court's order denying postconviction relief and remand for a new trial. See Strickland v. Washington, 466 U.S. 668, 688, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) (holding that to prevail on an ineffective assistance of counsel claim, a defendant must first demonstrate a deficient performance by counsel that fell below an objective standard of reasonableness considering all the circumstances and then demonstrate that counsel's deficient performance prejudiced the defense).

REVERSED and REMANDED for a new trial.

BENTON, PADOVANO, and LEWIS, JJ., concur.


Summaries of

Douglas v. State

District Court of Appeal of Florida, First District
Sep 20, 2006
937 So. 2d 825 (Fla. Dist. Ct. App. 2006)
Case details for

Douglas v. State

Case Details

Full title:Johnny DOUGLAS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Sep 20, 2006

Citations

937 So. 2d 825 (Fla. Dist. Ct. App. 2006)