Wright v. State, 74775
Decision Date | 09 May 1991 |
Docket Number | No. 74775,74775 |
Citation | 581 So.2d 882,16 Fla. L. Weekly 311 |
Parties | 16 Fla. L. Weekly 311 Joel Dale WRIGHT, Appellant, v. STATE of Florida, Appellee. |
Court | Florida Supreme Court |
Larry Helm Spalding, Capital Collateral Representative, Martin J. McClain, K. Leslie Delk and Bret B. Strand, Special Asst. Capital Collateral Representatives, Office of the Capital Collateral Representative, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen. and Barbara C. Davis, Asst. Atty. Gen., Daytona Beach, for appellee.
Joel Dale Wright appeals the trial court's denial of his motion for postconviction relief under rule 3.850, Florida Rules of Criminal Procedure. 1 We affirm the denial of the claims presented in the initial motion for relief, but we find that we must remand for further proceedings on Wright's supplemental claim that his trial counsel's appointment as a special deputy sheriff resulted in ineffective assistance of counsel in Wright's trial.
The following is a brief history of this cause. Joel Dale Wright was charged with killing a seventy-five-year-old Palatka school teacher. On September 1, 1983, he was convicted of first-degree murder, sexual battery, burglary of a dwelling, and grand theft. The jury returned an advisory sentence of death and the trial court, in accordance with that recommendation, imposed the death sentence. This Court affirmed the convictions and the sentence of death in Wright v. State, 473 So.2d 1277 (Fla.1985), cert. denied, 474 U.S. 1094, 106 S.Ct. 870, 88 L.Ed.2d 909 (1986). A more detailed statement of the facts is contained in that opinion.
Wright filed a Florida Rule of Criminal Procedure 3.850 motion in February, 1988, and the trial court granted an evidentiary hearing. After hearing two days of testimony and argument on the claims asserted, the trial court denied relief in an extensive order, the pertinent parts of which are set forth as follows:
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Wright v. State
...death in Wright v. State, 473 So.2d 1277 (Fla.1985), cert. denied, 474 U.S. 1094, 106 S.Ct. 870, 88 L.Ed.2d 909 (1986). Wright v. State, 581 So.2d 882, 882 (Fla. 1991). In February 1988 Wright filed his first motion for postconviction relief, and the trial court granted an evidentiary heari......
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Wright v. Sec'y Fla. Dep't of Corr.
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...not object can be considered within "sound trial strategy" at the time. Strickland, 466 U.S. at 690, 104 S.Ct. 2052; see Wright v. State, 581 So.2d 882, 883 (Fla.1991) (holding that the ineffective assistance claim with regard to the failure to object had no merit, because this error was "s......
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