LEROY MCKINNEY, PETITIONER,
v.
LOUIE L. WAINWRIGHT, RESPONDENT
LEROY MCKINNEY, PETITIONER,
LOUIE L. WAINWRIGHT, RESPONDENT
458 So. 2d 1149
Florida District Court of Appeal, First District (1984)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
McKinney’s conviction for possession of a firearm by a convicted felon was affirmed by this court in McKinney v. State, 428 So. 2d 322 (Fla. 1st DCA 1983). In a petition for writ of habeas corpus filed in this court, he claims that his appellate counsel was ineffective because of the failure to assert on appeal that the firearm should have been suppressed pursuant to Section 901.151(6), Florida Statutes (1981). However, even assuming that the facts of this case justified raising such issue, appellate counsel would have been precluded from doing so inasmuch as such defense was not asserted at trial. The petition is therefore Denied.
BOOTH, WIGGINTON and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Martinez v. State, 655 So. 2d 166 (Fla. 3d DCA 1995)…. Martinez’s appellate counsel simply cannot be deemed to have been ineffective for failing to raise an issue on direct appeal which was not preserved for appellate review. See King v. Dugger, 555 So. 2d 355, 360 (Fla. 1990); McKinney v. Wainwright, 458 So. 2d 1149 (Fla. 1st DCA 1984). Since Martinez’s appellate counsel cannot be deemed to have been ineffective, Martinez’s petition for writ of habeas corpus is hereby denied. II Martinez, by rule 3.850 motion, alleged that trial counsel was ineffective. Flori…
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Cogbill v. State, 940 So. 2d 537 (Fla. 1st DCA 2006)…act that no objection to those instructions was raised at trial, any alleged error was not preserved for appellate review. Appellate counsel is not ineffective in failing to raise an issue which is not properly preserved. See McKinney v. Wainwright, 458 So. 2d 1149 (Fla. 1st DCA 1984). Accordingly, we deny the petition alleging ineffective assistance of appellate counsel. PETITION DENIED. KAHN, BENTON, and LEWIS, JJ., concur.…
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Thompson v. Wade, 603 So. 2d 28 (Fla. 1st DCA 1992)…ficiency affected the outcome of the proceedings. Knight, 394 So. 2d at 1001. Appellate counsel, however, is not ineffective in failing to present an issue which is neither fundamental error nor properly preserved for appeal. McKinney v. Wainwright, 458 So. 2d 1149 (Fla. 1st DCA1984). The initial brief on behalf of Mr. Thompson in his direct appeal was filed on May 1, 1984. At that time, this court was of the view that the adequacy of reasons for retaining jurisdiction over sentence was only cognizable on dir…
Authorities Cited
- McKINNEY v. State, 428 So. 2d 322 (Fla. 1st DCA 1983)