Goodson v. State of Florida

Summary

The First District Court of Appeal reversed the summary denial of Ruben Goodson’s postconviction claim concerning counsel’s failure to retain a toxicology expert. The court held that it could not affirm based on trial-record materials that were not included in the record or attached to the postconviction court’s order, including by taking judicial notice of the court’s records from Goodson’s direct appeal.

Holdings

1. In an appeal from a summary denial of postconviction relief, the State may not overcome the postconviction court's failure to attach the required record portions by supplementing the record, submitting the documents in an appendix, or asking the appellate court to take judicial notice of missing documents that are outside the record defined by Rule 9.141(b)(2)(A).
2. The order summarily denying Ground Three must be reversed because the postconviction court did not indicate and attach portions of the record conclusively showing that Goodson was entitled to no relief on that ground.

Questions Presented

1. Whether the appellate court could affirm the summary denial of Ground Three by considering a trial transcript from a prior appeal that was not part of the record identified by Florida Rule of Appellate Procedure 9.141(b)(2)(A).
2. Whether the failure of the postconviction court to address Ground Three and attach the portions of the record conclusively showing that Goodson was entitled to no relief required reversal under Rule 9.141(b)(2)(D).

Disposition

reversed