SPERA v. STATE

No. SC06-1304.

971 So.2d 754 (2007)

Theodore SPERA, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied December 26, 2007.


Attorney(s) appearing for the Case

Bruce S. Rogow and Cynthia E. Gunther of Bruce S. Rogow, P.A., Fort Lauderdale, FL, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, FL, Celia Terenzio, Senior Assistant Attorney General, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, FL, for Respondent.


CANTERO, J.

This case involves a narrow issue of law that begs a broader resolution. It stems from our decision in Nelson v. State, 875 So.2d 579, 581 (Fla.2004), where we held that a defendant claiming ineffective assistance of counsel for failing to call witnesses at trial must allege that the witness was available to testify. We allowed the defendant to amend the claim to add such an allegation. In the case under review...

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