BYNOE v. STATE (2021)

District Court of Appeal of Florida, Fifth District.2021-12-17No. Case No. 5D21-1400

Summary · law.co

Holding. The court affirmed the postconviction court's summary denial in part, reversed in part as to the ineffective-assistance claim concerning the pediatrician's testimony, and remanded with directions that the postconviction court either supply additional records that conclusively refute the claim or conduct an evidentiary hearing.

Michael Bynoe appealed a summary denial of his postconviction relief motion filed under Florida Rule of Criminal Procedure 3.850. The appellate court found that the postconviction court properly denied most of Bynoe's claims because they were either facially invalid or clearly refuted by the record. However, regarding Bynoe's argument that his trial lawyer failed to present the minor victim's pediatrician as a witness, the court determined that the record materials before the postconviction court did not conclusively establish that this claim lacked merit.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Standard for summary denial of Rule 3.850 postconviction motions
Ineffective assistance of trial counsel for failure to call expert witness
When the record conclusively refutes an ineffective-assistance claim

Procedural posture

Bynoe appealed a circuit court's summary denial of his postconviction relief motion to the appellate court.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

Michael Bynoe appeals the postconviction courts order summarily denying his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We affirm the order under review, except as to Bynoes claim that his trial counsel was ineffective for failing to call the minor victims pediatrician, Dr. Tiu, to testify at trial.

We conclude that the record attachments to the denial order do not conclusively refute this claim. See Peede v. State, 748 So. 2d 253, 257 (Fla. 1999) (providing that to uphold a circuit courts summary denial of a rule 3.850 claim, the claim “must be either facially invalid or conclusively refuted by the record”). The postconviction court is directed either to attach additional records to its denial order that conclusively refute the claim or to hold an evidentiary hearing. AFFIRMED, in part; REVERSED, in part; REMANDED, with directions.

FOOTNOTES

. Bynoe was convicted of neglect of a child causing great bodily harm. The victim is Bynoes then-infant daughter.

PER CURIAM.