Neeley v. State, 210 So. 3d 769

Dennis Neeley was convicted of sexual battery/child molestation; he filed postconviction motions under Fla. R. Crim. P. 3.850 challenging trial counsel's effectiveness.
The case largely turned on the victim's testimony; the State offered prior statements to support the victim, no physical evidence or confession is shown in the record attachments.
At trial, the prosecutor repeatedly characterized Neeley's defense as "desperate," "despicable," and a "re-victimization" of the victim during closing and rebuttal argument.
Trial counsel did not object to these prosecutorial remarks, and Neeley raised ineffective-assistance claims alleging counsel's failure to object prejudiced the defense.
The postconviction court summarily denied the amended motion; the Second District affirmed most denials but reversed denial of the ineffective-assistance claim regarding failure to object to prosecutor's improper remarks and remanded for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial counsel was ineffective for failing to object to prosecutor's closing arguments labeling defense "desperate/despicable/re-victimization"	Neeley: counsel's failure to object permitted highly improper, sympathy-driven argument; prejudice likely in a credibility contest	State/Postconviction court: although remarks improper, record shows outcome not reasonably probable to change so no prejudice shown	Reversed: prosecutor's statements were improper and, given the case turned on credibility, attachments do not foreclose a reasonable probability of a different result if counsel had objected; remanded for further proceedings
Whether other claims in initial and amended 3.850 motions warranted relief	Neeley: (various ineffective-assistance/contentions made in filings)	State: postconviction court found them meritless on the record	Affirmed: summary denials of claims one, two, three of first motion and claims one and three of amended motion were affirmed

Sheridan v. State, 799 So. 2d 223 (Fla. 2d DCA 2001) (prosecutor's repeated characterization of defense as "desperate" is improper)
Brown v. State, 593 So. 2d 1210 (Fla. 2d DCA 1992) (appeals to sympathy and remarks about "re-victimizing" witness are improper and create hostility toward accused)
Kelly v. State, 842 So. 2d 223 (Fla. 1st DCA 2003) (prosecutor's closing that generates hatred/ill will toward defendant can require new trial)
Jenkins v. State, 563 So. 2d 791 (Fla. 1st DCA 1990) (accusing defense counsel of further victimizing witness is clearly improper)
Taylor v. State, 120 So. 3d 540 (Fla. 2013) (standard for demonstrating prejudice on ineffective-assistance claim: reasonable probability of different outcome)
Johnston v. State, 63 So. 3d 730 (Fla. 2011) (same prejudice standard quoted)
Carter v. State, 175 So. 3d 761 (Fla. 2015) (reiterating ineffective-assistance prejudice inquiry)