Moya v. State
The Third DCA affirmed the summary denial of most grounds in Moya's 3.850 motion but reversed as to his claim that trial counsel was ineffective for failing to move to strike a juror she herself had observed sleeping during trial. The court held the record did not conclusively refute this claim because counsel's reasoning for not moving to strike the juror was unclear, requiring an evidentiary hearing.
Key facts
- Moya was convicted at trial, and trial counsel observed a juror sleeping during proceedings but did not move to strike that juror.
- Moya filed a 3.850 motion claiming trial counsel was ineffective for failing to move to strike the sleeping juror.
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Why it matters
This opinion reinforces the well-established rule that courts cannot summarily deny IAC claims premised on counsel's failure to act on a known issue (here, a sleeping juror) without an evidentiary hearing to probe… — full analysis with a trial
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