Stephens was charged with battery of a law officer and resisting arrest following a scuffle with police. He contended he was the victim of police brutality because of a large bruise found on his leg. A friend took photographs of the bruise two days later, but at trial mistakenly said he took the photographs the same day. Defense counsel did not correct the error, and later a state expert testified that the bruise was at least a day old. After Stephens was convicted, the trial court court ordered a new trial on grounds defense counsel was ineffective. The Second District Court reversed, and Stephens appeals.