Griffin v. State
The Second DCA affirmed the summary denial of two of Griffin's 3.850 claims but reversed as to his claim that trial counsel failed to discuss defenses and strategy. The postconviction court had denied that claim by relying on counsel's unsworn statements made during an earlier Nelson hearing, which the appellate court held was improper.
Key facts
- Griffin was convicted and sentenced; he filed a 3.850 motion alleging three claims of ineffective assistance of trial counsel, including that counsel failed to discuss defenses and strategy.
- The postconviction court summarily denied two of the three claims, relying on unsworn statements the trial attorney made during a prior Nelson hearing.
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Why it matters
This decision confirms and extends the established rule (from Rubino and similar cases) that unsworn attorney statements—whether made at sentencing, a Nelson hearing, or any unsworn proceeding—cannot serve as record… — full analysis with a trial
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