Owens v. State
On a second appeal in the same postconviction case, the Fifth DCA again reversed the summary denial of Owens's 3.850 claim that trial counsel was ineffective for failing to object to the prosecutor's voir dire comments about the defendant's right to remain silent. The court held that the additional transcript excerpts attached by the postconviction court still did not provide sufficient context (e.g., trial evidence, preliminary jury instructions, defense counsel's own voir dire) to conclusively refute Owens's Strickland prejudice claim, and remanded for an evidentiary hearing or further record attachments.
Key facts
- Owens was convicted at trial and filed a postconviction 3.850 motion claiming trial counsel was ineffective for failing to object to prosecutor's voir dire comments about the defendant's right to remain silent.
- The postconviction court summarily denied the ineffective assistance claim by attaching partial voir dire transcripts, but those transcripts lacked sufficient context including trial evidence, preliminary jury instructions, and defense counsel's own voir dire comments.
- +2 more key facts with a free trial
Why it matters
This opinion gives postconviction courts and practitioners a concrete checklist of what record evidence (full context of the challenged comments, curative/preliminary instructions, trial evidence, and defense counsel's… — full analysis with a trial
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