JOHNNY R. HENRY, APPELLANT,

v.

LOUIE L. WAINWRIGHT, SECRETARY, DEPARTMENT OF CORRECTIONS, APPELLEE

Citator

Cited By

• Ragan v. Dugger, 544 So. 2d 1052 (Fla. 1st DCA 1989)
  …direct appeal. Smith v. State, 400 So. 2d 956 (Fla.1981). A claim of ineffective assistance of appellate counsel is not properly raised in a motion for relief pursuant to Rule 3.850. Irby v. State, 454 So. 2d 757 (Fla. 1st DCA 1984); Futch v. State, 420 So. 2d 905 (Fla. 3rd DCA 1982). Because Ragan does not seek relief pursuant to Rule 3.850, the jurisdictional time bar of that rule is not applicable to this case. We decline the state’s suggestion that a jurisdictional time limit be borrowed from the rules of…
• Gael O'Riorden v. State, 611 So. 2d 623 (Fla. 4th DCA 1993)
  …PER CURIAM. We grant the petition for writ of habeas corpus as petitioner claims and respondent agrees that petitioner received ineffective assistance of appellate counsel. Futch v. State, 420 So. 2d 905 (Fla. 3d DCA 1982). Petitioner’s appellate counsel failed to file a timely initial brief resulting in dismissal of his appeal. There is no question that this was below the norm of professionally acceptable standards of performance. See Baggett v. Wa…
• Rudolf Jan Schutter v. State, 429 So. 2d 853 (Fla. 4th DCA 1983)
  …his Court his Motion For Post-Conviction Relief Pursuant to Fla. R.Crim.P. 3.850 Based Upon Ineffective Assistance of Appellate Counsel. As authorized by Fla.R.App.P. 9.040(c) we treat this motion as an application for habeas corpus. Futch v. State, 420 So. 2d 905 (Fla. 3d DCA 1982). Upon review and full consideration we are of the opinion that Schutter has failed to establish any grounds for relief. Denied. LETTS, C.J., and ANSTEAD and WALDEN, JJ., concur.…