SMYTH v. STATE

No. 4D10-2849.

84 So.3d 388 (2012)

Douglas SMYTH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 21, 2012.


Attorney(s) appearing for the Case

Richard L. Rosenbaum of Arnstein & Lehr, LLP, Fort Lauderdale, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Richard Valuntas , Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Douglas Smyth appeals an order summarily denying his multi-issue Rule 3.850 motion for post-conviction relief. We affirm the trial court's denial of all of the claims except for one. In claim four, Smyth alleges that counsel failed to demand analysis of hair found in the victim's underwear and such testing would have furthered Smyth's claim of innocence as advanced at trial. This point of the motion was not specifically addressed either by the response...

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