De Santus v. State
The Fourth District reversed the denial of a Rule 3.850 postconviction motion in a first-degree murder case, finding cumulative ineffective assistance of counsel deprived the defendant of a fundamentally fair trial. Counsel failed to properly impeach the State's sole eyewitness with her prior recantation and failed to adequately advise the defendant on his right to testify before the trial court pressured a decision.
Key facts
- De Santus was convicted of first-degree murder based primarily on a single eyewitness identification.
- Trial counsel failed to impeach the eyewitness with her prior recantation of the identification and failed to adequately advise De Santus about his right to testify.
- +2 more key facts with a free trial
Why it matters
This decision reinforces that IAC claims should be evaluated cumulatively rather than in isolation, and that deficiencies surrounding the defendant's right-to-testify decision are not excused by a 'cumulative evidence'… — full analysis with a trial
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