Jimmie M. Evans v. The State of Florida

Summary

The Third District Court of Appeal of Florida affirmed the denial of Jimmie M. Evans's post-conviction motion alleging ineffective assistance of counsel. The court cited authorities concerning claims that counsel failed to call witnesses and held that the record supported counsel's strategic decision.

Holdings

1. An evidentiary hearing is not required when the record conclusively refutes the ineffective-assistance claim or the claim is otherwise procedurally barred.
2. A decision not to call certain defense witnesses ordinarily constitutes a matter of counsel's personal judgment and trial strategy, and does not establish ineffective assistance when the decision was a reasonable strategic choice.

Questions Presented

1. Whether Evans was entitled to post-conviction relief or an evidentiary hearing on an ineffective-assistance claim based on counsel's failure to call a witness or witnesses.
2. Whether the record conclusively refuted the claim because counsel's decision not to call the witnesses was a reasonable tactical or strategic decision.

Disposition

affirmed