J.S. AND N.S., PARENTS OF S.S., J.S. AND K.S., APPELLANTS,

v.

DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE

Citator

Cited By

• Carratelli v. State, 961 So. 2d 312 (Fla. 2007)
  …ld that a defendant establishes prejudice under Strickland by proving that a biased juror served on the jury. See Carratelli v. State, 915 So. 2d 1256 (Fla. 4th DCA 2005) (en banc) (Carratelli II). The court certified conflict with Austing v. State, 804 So. 2d 603 (Fla. 5th DCA 2002). That case held that the defendant must show only that a reasonable doubt existed about the juror’s impartiality, which is the same standard used on direct appeal. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.; see als…
• Carratelli v. State, 915 So. 2d 1256 (Fla. 4th DCA 2005)
  …proceeding; the case should not be read to require that a deficiency in an attorney’s trial performance be evaluated for prejudice in terms of the effect on a direct appeal, instead of on the trial itself. We certify conflict with Austing v. State, 804 So. 2d 603 (Fla. 5th DCA 2002). That case involved a postconviction relief motion which contended that defense counsel failed to preserve the issue of the state’s erroneous Neil objection to the defendant’s exercise of a peremptory challenge. The fifth distric…
• King v. State, 211 So. 3d 866 (Fla. 2017)
  …lt. Id. at 323-34. King asserts that Carratelli is distinguishable because Carratelli involved cause challenges, not peremptory strikes. However, the Court accepted jurisdiction in Carratelli based on conflict with the decision in Austing v. State, 804 So. 2d 603 [*888] (Fla. 5th DCA 2002), which concerned peremptory strikes. Carratelli, 961 So. 2d at 317. In Austing, the Fifth District Court of Appeal had reached a similar conclusion as the Eleventh Circuit in Davis that the prejudice resulting from the fai…