Ramos v. State of Florida

Summary

The Florida Second District Court of Appeal reviewed the summary denial of claims in Vincent Ramos's motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The court held that the postconviction court improperly summarily denied ground twelve, which alleged ineffective assistance for failing to consult or retain an independent medical expert, because the court did not address the specific argument presented. The court reversed and remanded for an evidentiary hearing on that ground and affirmed the order in all other respects.

Holdings

1. The postconviction court improperly summarily denied ground twelve because it failed to address Ramos's specific allegation that an independent OB/GYN could have testified that physical signs of intercourse would have been apparent given the alleged nature and frequency of penetration.
2. The order denying the remaining challenged postconviction grounds was affirmed.

Questions Presented

1. Whether the postconviction court properly summarily denied Ramos's ineffective-assistance claim alleging that trial counsel failed to consult or retain an independent medical expert.
2. Whether the allegations in ground twelve were facially sufficient and conclusively refuted by the record such that no evidentiary hearing was required.

Disposition

reversed_and_remanded