Carballo v. State
The Third DCA reversed the summary denial of Carballo's 3.850 motion alleging her trial counsel was ineffective for advising her not to testify in a self-defense murder case. The court held the claim was facially sufficient and not conclusively refuted by the record, and that the postconviction court improperly resolved the credibility of her anticipated testimony on a cold record without an evidentiary hearing or a proper stipulation made in her presence. The case was remanded for further proceedings, including findings on prejudice.
Key facts
- Carballo was convicted of murder after trial counsel advised her not to testify, and she did not take the stand at trial.
- Carballo filed a 3.850 postconviction motion claiming ineffective assistance of counsel based on counsel's advice not to testify in her self-defense case.
- +2 more key facts with a free trial
Why it matters
This opinion reinforces the procedural safeguards required before a postconviction court can summarily deny an IAC claim premised on advice not to testify, particularly the prohibition on resolving credibility disputes… — full analysis with a trial
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