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IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO
NORA CHRISTINE SWAILS
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Appellant,
v.
CASE NO. 1D03-0024
STATE OF FLORIDA
Appellee.
_____________________________/
Opinion filed October 7, 2003.
An appeal from the Circuit Court for Escambia County.
T. Michael Jones, Judge.
Nora Christine Swails, pro se.
Charlie Crist, Attorney General; Elizabeth Fletcher Duffy, Assistant Attorney General,
Tallahassee, for appellee.
WOLF, C.J.
Nora Christine Swails appeals the denial of her motion made pursuant to Florida
Rule of Criminal Procedure 3.850 in which she raises numerous claims of ineffective
assistance of counsel relating to her plea of nolo contendere to first degree murder.
Although we affirm the denial of seven of those claims, we find that the third claim

raises a facially sufficient allegation of ineffective assistance of counsel for failure to
investigate defenses relating to appellant's mental state. Neither the reasons stated by
the trial court nor the portions of the record attached conclusively refute this claim.
Therefore, without expressing any opinion as to the merits of the claim, we reverse and
remand for further proceedings consistent with this opinion. See Urquhart v. State,
676 So. 2d 64 (Fla. 1st DCA 1996) (remanding for further proceedings where appellant
alleged his counsel failed to investigate appellant's psychiatric condition and his
history of mental disorders and plea transcript did not refute this allegation of
ineffective counsel); Young v. State, 661 So. 2d 406 (Fla. 1st DCA 1995) (remanding
for an evidentiary hearing where plea transcript did not refute appellant's allegation that
he had told defense counsel he was on drugs during the commission of the crime, and
his counsel failed to investigate intoxication defense).
BROWNING and HAWKES, JJ., CONCUR.
2

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