Hunter v. State
2012 Fla. App. LEXIS 8557
| Fla. Dist. Ct. App. | 2012Background
- At a Leon County jury trial on July 10, 2008, Appellant Swanson was found guilty of a single count of sexual battery on a physically helpless victim.
- Appellant was sentenced to 108 months in state prison at a September 28, 2008 sentencing hearing.
- This Court per curiam affirmed the judgment and sentence on direct appeal (Hunter v. State, 36 So.3d 88 (Fla. 1st DCA 2009)).
- On October 12, 2010, Appellant timely filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.
- An evidentiary hearing was held on July 25, 2011, at which all claims were denied and no factual findings were issued beyond a generic denial.
- An August 3, 2011 order again denied the 3.850 motion for the reasons stated at the hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Impeachment of the victim by trial counsel | Swanson contends trial counsel failed to impeach the victim. | State asserts no deficient performance or prejudice. | Remand for factual findings on IAC. |
| Objection to evidence of taking the victim's son on a motorcycle ride | Swanson contends trial counsel failed to object to that evidence. | State asserts no deficient performance or prejudice. | Remand for factual findings on IAC. |
Key Cases Cited
- Spencer v. State, 842 So.2d 52 (Fla. 2008) (ineffective assistance standard; mixed questions of law and fact)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance framework)
- Brancaccio v. State, 27 So.3d 739 (Fla. 4th DCA 2010) (deference to trial court findings; need for findings on remand)
- Kornegay v. State, 826 So.2d 1081 (Fla. 1st DCA 2002) (appellate review limited when trial court lacks findings)
- Thomas v. State, 954 So.2d 56 (Fla. 1st DCA 2007) (remand when no explicit findings were made)