273 So. 3d 1069
Fla. Dist. Ct. App.2019Background
- Norman Thompson was convicted in 2013 of sexual battery of a six‑year‑old and sentenced to life; conviction was previously affirmed on direct appeal.
- Investigation began after drug‑addicted witness Dwayne Lampley reported the child’s mother was prostituting the child; Lampley identified Thompson as “NJ.”
- The child (S.G.) made disclosures to her grandmother and in Child Protection Team interviews, identified Thompson in a photo lineup and gave recorded/perpetuated testimony describing sexual acts.
- At trial the State played recorded interviews and the child testified via prerecorded video; defense cross‑examined the child and Lampley about inconsistencies and drug use.
- Thompson filed a postconviction (Rule 3.850) motion raising multiple ineffective‑assistance claims (12 substantive claims), which the trial court summarily denied; Thompson appealed the summary denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause/arrest affidavit | Thompson: counsel ineffective for not challenging Lampley affidavit (not sworn/not author) | State: affidavit and warrant supported by hearsay and detective’s independent investigation; challenge would be meritless | Denied — record shows probable cause; counsel not ineffective for failing to pursue meritless motion |
| Jury composition / Batson-like claim | Thompson: counsel failed to object when State struck all African‑American jurors | State: Thompson did not allege the resulting jury was partial or show Batson prima facie case | Denied — legally insufficient for lack of allegation of partiality |
| Investigation/preparation, witness tampering/coaching | Thompson: counsel failed to investigate; witnesses were tampered/coached; edited videos omitted recantation | State: allegations conclusory; record refutes video‑editing claim (portions played); no facts showing coaching/tampering | Denied — conclusory or refuted; no reasonable probability of different outcome |
| Giglio / false testimony claims | Thompson: detective and Lampley gave false or inconsistent testimony | State: no allegation detective knowingly lied; inconsistencies alone do not prove perjury; counsel cross‑examined Lampley | Denied — legally insufficient and refuted by record |
| Impeachment of key witness (Lampley) | Thompson: counsel failed to effectively impeach Lampley | State: counsel cross‑examined about drug use and inconsistencies; Thompson gave no alternative impeachment | Denied — no deficient performance or prejudice |
| Expert witness / more culpable defendants evidence | Thompson: counsel failed to call child‑abuse expert or evidence that others were more culpable | State: defense had retained expert but defendant agreed not to call; other defendants’ conduct irrelevant to Thompson’s guilt | Denied — defendant ratified strategy; evidence of others irrelevant |
| Defendant testimony / right to testify | Thompson: counsel failed to call him as witness | State: Thompson knowingly and voluntarily waived his right to testify on record | Denied — sworn waiver refutes claim |
| Jury instructions on lesser included offenses | Thompson: counsel failed to object to lesser‑included instructions (preventing jury pardon) | State: inclusion of lesser instructions increases chance of jury mercy; jury pardon theory cannot show Strickland prejudice | Denied — legally insufficient |
| Prosecutorial misconduct / closing argument | Thompson: prosecutor vouched, personally attacked, made golden‑rule argument; counsel failed to object | State: comments were grounded in record; no golden‑rule comment; objections would be meritless | Denied — record refutes misconduct; no deficient performance |
| Timeliness of motion for new trial | Thompson: counsel failed to timely move for new trial | State: Thompson failed to show reasonable probability motion would have been granted | Denied — legally insufficient |
Key Cases Cited
- Thompson v. State, 174 So. 3d 453 (Fla. 1st DCA 2015) (direct‑appeal opinion affirming conviction)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong ineffective assistance standard)
- Crumitie v. State, 842 So. 2d 271 (Fla. 1st DCA 2003) (summary denial standard when claims refuted by record)
- Flagg v. State, 179 So. 3d 394 (Fla. 1st DCA 2015) (standard of review for summary denial)
- Ortiz v. State, 968 So. 2d 681 (Fla. 1st DCA 2007) (trial court must attach record portions that conclusively refute claims)
- Johnson v. State, 660 So. 2d 648 (Fla. 1995) (probable cause may be established by hearsay and informant tips)
- Lugo v. State, 2 So. 3d 1 (Fla. 2008) (counsel not ineffective for pursuing meritless motions)
- Carratelli v. State, 961 So. 2d 312 (Fla. 2007) (requirements for challenging jury impartiality and counsel error)
- Davis v. State, 938 So. 2d 555 (Fla. 1st DCA 2006) (defendant cannot contradict sworn trial representations in postconviction)
- Kormondy v. State, 983 So. 2d 418 (Fla. 2008) (failure to impeach not ineffective when sufficient evidence supports conviction)