Nelson v. State, 126 So. 3d 1195

Nelson convicted of home invasion robbery after jury trial; victim and co-defendant testified.
Defense did not question victim about Nelson encouraging police call and about Nelson not closing the door.
Co-defendant Sorrell testified at trial; claimed Nelson masterminded the incident.
Sorrell’s plea deal included three years’ prison and three years’ probation; Sorrell’s statements differed from trial testimony.
Postconviction relief motion alleged ineffective assistance; trial court denied, court of appeals reversed for evidentiary hearing on two issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Misadvice about right to testify	Nelson claims misadvice prevented testimony.	State argues no prejudice from misadvice.	Reversed for evidentiary hearing on prejudice
Failure to impeach victim with prior statements	Nelson claims impeachment would alter credibility.	State contends impeachment would not change outcome.	Reversed for evidentiary hearing on prejudice

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
Visger v. State, 953 So.2d 741 (Fla. 4th DCA 2007) (defines prejudice standard under Strickland context)
Morris v. State, 931 So.2d 821 (Fla. 2006) (deference to trial court’s findings on deficiency/prejudice; mixed questions of law and fact)
Hicks v. State, 666 So.2d 1021 (Fla. 4th DCA 1996) (misadvice about testify can be a ground for relief)
Young v. Catoe, 205 F.3d 750 (4th Cir. 2000) (prejudice standard requires probability enough to undermine confidence in outcome)
Arbelaez v. State, 898 So.2d 25 (Fla. 2005) (explains mixed questions of fact and law in Strickland review)