What was the Mann v. State case about?

Answer 1

Mann v. State, Case No. 2D09-127 (2009)

Mann v. State was a recent case heard in the District Court of Appeals of Florida, Second District, in which David Mann appealed the trial court's denial of post-conviction relief.

Mann had been charged with possession and sale of cocaine within 1,000 feet of a school on two separate occasions in February and March 2006. Mann admitted to the March offense under oath, but denied the February charge. Mann claimed he had been visiting his son at Lee Memorial Hospital on that date, but produced no witnesses or documents supporting his alibi.

Mann was convicted and sentenced to four concurrent terms amounting to a total of 180 months (15 years). He filed a motion for post-conviction relief, alleging ineffective assistance of counsel because his attorney had failed to investigate his alibi or to call his wife or any hospital personnel to testify as witnesses on his behalf. The trial court denied the motion because it was not accompanied by an affidavit from a witness as proof of testimony supporting his claim.

The appeals court held that the witness testimony would have been valuable to Mann at trial, and that no supporting documentation was required to be presented with his motion.

Trial court decision on motion reversed, case remanded for disposition.