Bynum v. State
The Second DCA reversed the summary denial of one ground of Bynum's 3.850 motion alleging that counsel unreasonably advised him not to testify at his manslaughter trial. The court held that although Bynum voluntarily agreed not to testify, the record did not conclusively refute his claim that no reasonable attorney would have advised against testifying, nor his allegation of prejudice, given that his proposed testimony would have explained physical evidence and rebutted eyewitness identifications. The case was remanded for the postconviction court to attach conclusively refuting records or hold an evidentiary hearing.
Key facts
- Bynum was convicted of manslaughter and filed a Rule 3.850 motion claiming his trial counsel ineffectively advised him not to testify at trial.
- Although Bynum voluntarily agreed not to testify, he alleged his proposed testimony would have explained physical evidence and rebutted eyewitness identifications against him.
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Why it matters
This decision reinforces the two-part Roberts/Lott framework for evaluating IAC claims based on advice not to testify, emphasizing that voluntariness alone does not end the inquiry — the reasonableness of counsel's… — full analysis with a trial
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