1D2022-2298
The First DCA reversed the denial of a 3.850 motion and ordered a new trial, holding that trial counsel's multiple deficiencies—opening the door to comment on the defendant's silence, failing to object to unnoticed child hearsay and collateral crime evidence, and eliciting a damaging unimpeached statement from a witness without prior investigation—cumulatively prejudiced the defendant even though no single error alone may have warranted relief. The court rejected only the claim regarding the victim advocate sitting with the victim during testimony.
Key facts
- Defendant was convicted in trial court; trial counsel made multiple errors including opening the door to comment on defendant's post-arrest silence, failing to object to unadmitted child hearsay and collateral crime evidence, and eliciting a damaging unanticipated statement from a witness without prior investigation.
- Defendant filed a 3.850 motion for postconviction relief based on ineffective assistance of counsel; trial court denied the motion, finding no individual error was independently prejudicial.
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Why it matters
This opinion is useful to postconviction practitioners because it applies the cumulative-error doctrine to reverse despite the trial court's finding that no individual error was independently prejudicial, illustrating… — full analysis with a trial
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