Millan v. State
55 So. 3d 694
| Fla. Dist. Ct. App. | 2011Background
- Millan was convicted of second-degree murder of Roland Pastor; he admitted stabbing Pastor but claimed self-defense.
- The conviction was affirmed in Millan v. State, 932 So.2d 557 (Fla. 3d DCA 2006), summarized as victim attacked by Pastor with a knife, Millan acted first and Pastor was unarmed, with medical evidence showing multiple injuries inconsistent with self-defense.
- Millan later filed a Florida Rule of Criminal Procedure 3.850 motion and a supplement asserting six claims of ineffective assistance of counsel.
- The trial court denied claims 1–5 without an evidentiary hearing; claim 6 was denied after a hearing; the appellate court reviews de novo for legal sufficiency and affirm if the record supports the trial court.
- On appeal, the court affirmed the trial court’s rejection of all six claims, finding no Strickland prejudice or legally sufficient basis for relief on the asserted deficiencies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not calling Pastor's mother | Millan | State | No prejudice shown; insufficient to meet Strickland prong. |
| Ineffective assistance for not hiring Dr. Fernandez / independent medical expert | Millan | State | No prejudice shown; insufficient to meet Strickland prong. |
| Advice to reject plea offer as deficient strategy | Millan | State | Not legally sufficient; no specific deficient conduct alleged. |
| Prosecutorial closing statements about gang activity as error | Millan | State | Not fundamental error; failure to object did not prejudice under Strickland. |
| Limiting instruction on Williams Rule evidence | Millan | State | Courts rejected as not lacking; no reversible error shown. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court, 1984) (ineffective-assistance claim requires deficient performance and prejudice)
- Garcia v. State, 21 So. 3d 30 (Fla. 3d DCA 2009) (specific deficiencies required to demonstrate ineffective assistance)
- Morgan v. State, 991 So.2d 835 (Fla. 2008) (defendant must show reasonableness of trial counsel's investigation)
- Chandler v. State, 848 So.2d 1031 (Fla.2003) (prosecutor’s comments not fundamental error bar review in postconviction)
- Williams v. State, 110 So.2d 654 (Fla.1959) (standard Williams Rule evidentiary issues and related limitations)
- Millan v. State, 932 So.2d 557 (Fla. 3d DCA 2006) (recitation of trial facts and the inconsistency with self-defense theory)