Supreme Court of Florida

State of Florida, Petitioner v. Eric Lucas, Respondent

January 28, 201641 Fla. L. Weekly Supp. 19

Summary

The court approved the district court’s decision holding that a postconviction motion alleging ineffective assistance for failure to consult or present an expert need not always identify the expert by name or allege that the particular expert was available to testify. The motion is legally sufficient when it alleges specific facts explaining why an expert was needed, what testimony the expert could have provided, and how the omission prejudiced the defense.