Simon v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding evidentiary hearing is usually necessary to determine whether counsel’s advice not to testify is deficient
• remanding claim that trial counsel misadvised defendant not to testify in his own defense for evidentiary hearing
• finding a similar colloquy sufficient to establish voluntariness of the defendant's decision not to testify
• “[A] trial court’s finding that such a decision was tactical, so as to defeat a defendant’s post-conviction ineffective assistance claim, usually is inappropriate without an eviden-tiary hearing.”
• in addition to determining whether defendant voluntarily agreed with counsel not to testify, court must also address whether counsel’s advice not to testify was deficient because no reasonable attorney would give such advice

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• Loudermilk v. State
  District Court of Appeal of Florida· 2013-01-30· cited 7×
• Hayes v. State
  District Court of Appeal of Florida· 2012-02-15· cited 6×
• Earl L. Sutton, Jr. v. State
  District Court of Appeal of Florida· 2016-09-23· cited 2×
• Robert H. Harris v. State
  District Court of Appeal of Florida· 2018-03-19· cited 2×
• Fonseca v. State
  District Court of Appeal of Florida· 2011-07-06· cited 1×
• Hodges v. State
  District Court of Appeal of Florida· 2018-11-30· cited 1×
• PATRICK ROBERTS v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2018-08-03
• Mansfield v. State
  District Court of Appeal of Florida· 2013-02-20
• Williams v. State
  District Court of Appeal of Florida· 2019-04-26
• JANEPSY CARBALLO v. THE STATE OF FLORIDA
  District Court of Appeal of Florida· 2023-01-25
• JEREMY NEWCOMER vs STATE OF FLORIDA
  District Court of Appeal of Florida· 2023-10-06

Cites

3 cases in this archive are cited by this case.

• Lott v. State
  Supreme Court of Florida· 2006-04-13· cited 47×
• State v. Williams
  Supreme Court of Florida· 2001-08-23· cited 21×
• Garcia v. State
  District Court of Appeal of Florida· 2009-07-01· cited 7×