Floyd v. State
Floyd appealed the summary denial of his 3.850 motion alleging ineffective assistance of trial counsel for failing to seek redaction of detectives' statements vouching for child victims' credibility during his recorded interrogation, which was played to the jury. The Fifth DCA reversed as to this claim, holding the trial court erred in finding a strategic decision without an evidentiary hearing and failed to address the Strickland prejudice prong, remanding for further proceedings or an evidentiary hearing.
Key facts
- Floyd appealed the summary denial of his ineffective assistance of counsel (3.850) motion challenging trial counsel's failure to seek redaction of detectives' credibility-vouching statements about child victims from his recorded interrogation that was played to the jury.
- The trial court summarily denied the motion, finding counsel's failure to seek redaction was a strategic decision, without holding an evidentiary hearing or addressing whether the alleged deficiency prejudiced the defense.
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Why it matters
This decision reinforces that summary denial of IAC claims premised on counsel's failure to redact officer-vouching statements requires the trial court to actually analyze prejudice under Strickland, not just assume… — full analysis with a trial
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