Wiggins v. State, 790 So. 2d 1137 (Fla. 4th DCA 2001). · Go Syfert
Search
Wiggins v. State, 790 So. 2d 1137 (Fla. 4th DCA 2001). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Washington v. State (fladistctapp, 2016-09-30)
Top citers, strongest first. 6 distinct citers.
discussed Cited as authority (rule) Washington v. State
Fla. Dist. Ct. App. · 2016 · confidence medium
Anthony v. State, 660 So.2d 374, 376 (Fla. 4th DCA 1995) (“The determination that defense counsel’s actions in not raising an alibi defense or calling alibi witnesses were tactical decisions is best made after an evidentiary hearing unless the record conclusively refutes the allegations.”) (citations omitted); Wiggins v. State, 790 So.2d 1137, 1138 (Fla. 4th DCA 2001); McMillian v. State, 717 So.2d 102, 103 (Fla. 4th DCA 1998).
discussed Cited as authority (rule) Floyd Washington v. State of Florida
Fla. Dist. Ct. App. · 2015 · confidence medium
Anthony v. State, 660 So. 2d 374, 376 (Fla. 4th DCA 1995) (“The determination that defense counsel’s actions in not raising an alibi defense or calling alibi witnesses were tactical decisions is best made after an evidentiary hearing unless the record conclusively refutes the allegations.”) (citations omitted); Wiggins v. State, 790 So. 2d 1137, 1138 (Fla. 4th DCA 2001); McMillian v. State, 717 So. 2d 102, 103 (Fla. 4th DCA 1998).
discussed Cited as authority (rule) Burns v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
An exception may be made to this general rule when the ineffectiveness is obvious on the face of the appellate record, the prejudice caused by the conduct is indisputable, and a tactical explanation for the conduct is inconceivable.” (citation omitted)); Corzo v. State, 806 So.2d 642, 645 (Fla. 2d DCA 2002) ("Because of the strict rules limiting claims for ineffective assistance of counsel on direct appeal, the appellate courts typically reject the issue as both premature and requiring evidence beyond the appellate record.”); see also Pierce v. State, 137 So.3d 578, 582 (Fla. 2d DCA 2014) …
cited Cited "see" Barnett v. State
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See Wiggins v. State, 790 So.2d 1137, 1138 (Fla. 4th DCA 2001).
discussed Cited "see, e.g." Button v. State
Fla. Dist. Ct. App. · 2006 · signal: see also · confidence medium
See also Wiggins v. State, 790 So.2d 1137, 1138 (Fla. 4th DCA 2001) (stating "[i]f counsel made a tactical decision to abandon the alibi defense, an evidentiary hearing is required to determine whether that was a reasonable strategic choice") (citations omitted).
discussed Cited "see, e.g." Button v. State
Fla. Dist. Ct. App. · 2006 · signal: see also · confidence medium
See also Wiggins v. State, 790 So.2d 1137, 1138 (Fla. 4th DCA 2001) (stating “[i]f counsel made a tactical decision to abandon the alibi defense, an evidentiary hearing is required to determine whether that was a reasonable strategic choice”) (citations omitted).
Adams WIGGINS, Appellant,
v.
STATE of Florida, Appellee.
4D00-4063.
District Court of Appeal of Florida, Fourth District.
Jul 5, 2001.
790 So. 2d 1137
Per Curiam.
Cited by 6 opinions  |  Published

[*1138] Adams Wiggins, Bowling Green, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Adam Wiggins appeals the summary denial of his post-conviction motion. He raised several grounds, including his claim that his trial counsel was ineffective for failing to call the witness listed on his notice of alibi defense to testify at trial.

The state's response to the motion attached the witness' pre-trial statements. In his statements to the police, he expressed confusion about the date and time of the events to which he would have testified. In his pre-trial deposition, he expressed more confidence in his recollections. The trial court adopted the state's argument that defense counsel made a strategic choice not to call the witness due to his credibility problems.

If counsel made a tactical decision to abandon the alibi defense, an evidentiary hearing is required to determine whether that was a reasonable strategic choice. McMillian v. State, 717 So.2d 102 (Fla. 4th DCA 1998); Anthony v. State, 660 So.2d 374 (Fla. 4th DCA 1995). We reverse the order denying the motion and remand for an evidentiary hearing on this allegation only.

STONE, GROSS, and TAYLOR, JJ., concur.