108 So. 3d 694
Fla. Dist. Ct. App.2013Background
- Ruiz was convicted in 2010 on multiple sexual offenses involving a young child, including three counts of sexual battery on a child under twelve.
- During deliberations, the trial court allowed the jurors to view a lengthy videotaped interview of the child victim in the jury room, without objection from Ruiz's counsel.
- Young v. State held such CPT interviews should not be in the jury room during deliberations.
- Ruiz raised unpreserved error in a postconviction motion under Florida Rule of Criminal Procedure 3.850, claiming ineffective assistance for failure to object to the videotape’s use.
- The postconviction court denied relief summarily based on the State’s response, which argued preservation rather than merit, but the record did not clearly attach briefs.
- On appeal, the court took judicial notice of briefs and held that an affirmed direct appeal on an unpreserved issue does not bar postconviction relief under ineffective assistance standards, requiring remand for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May an unpreserved direct-appeal issue be raised via 3.850 ineffective-assistance claim | Ruiz: unpreserved error can be raised in postconviction as ineffective assistance. | State: preservation bar applies; issue not properly preserved precludes relief. | Yes; unpreserved issue may be raised; remand for prejudice analysis. |
| Whether denial of 3.850 relief was proper based on the State's response | Ruiz: court relied on incomplete record and failed to consider briefs; error. | State: relief denied properly; briefs not sufficiently argued on preservation. | Reversed; remand for full consideration, including prejudice under Strickland. |
Key Cases Cited
- Young v. State, 645 So.2d 965 (Fla. 1994) (tape of CPT interview not to be in deliberations)
- Steinhorst v. State, 412 So.2d 332 (Fla. 1982) (preservation arguments and authority limits on reversal)
- Harris v. State, 826 So.2d 340 (Fla. 2d DCA 2002) (unpreserved issue may be raised in postconviction for ineffective assistance)
- Scholtes v. State, 27 So.3d 175 (Fla. 4th DCA 2010) (unpreserved issue raised via postconviction review)
- State v. Bouchard, 922 So.2d 424 (Fla. 2d DCA 2006) (prejudice focus on outcome reliability rather than appellate rights)
- Ruiz v. State, 88 So.3d 164 (Fla. 2d DCA 2011) (table decision referenced in postconviction context)