MARI
v.
STATE
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A trial court's factual findings in an ineffective assistance of counsel claim, when supported by competent substantial evidence and the court correctly applies the Strickland standard, are affirmed on appeal and will not be disturbed.
[1] Trial court factual findings in ineffective assistance of counsel claims are reviewed for clear error on appeal and are not disturbed if supported by competent substantia…
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Join FLexlaw to unlock all legal intelligence“A claim of ineffective assistance of counsel is a mixed question of law and fact. The trial court's factual findings and credibility determinations are afforded deference and if supported by competent, substantial evidence, will not be disturbed on appeal.”
Court explaining the standard of review for ineffective assistance of counsel claims
Raul Jesus Mari filed a post-conviction motion alleging ineffective assistance of counsel. The trial court conducted an evidentiary hearing and entere…
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PER CURIAM.
After conducting an evidentiary hearing on Appellant Raul Jesus Mari’s motion for post-conviction relief alleging ineffective assistance of counsel, the trial court entered a thorough and detailed order specifically identifying how each of
Mari’s claims were refuted either by the record or by the testimony provided at the evidentiary hearing. Because the trial court correctly applied the Strickland1 standard, and because each of the trial court’s factual findings are supported by competent substantial evidence, we affirm. See Rojas v. State, 922 So. 2d 350, 352 (Fla. 3d DCA 2006) (“A claim of ineffective assistance of counsel is a mixed question of law and fact. The trial court’s factual findings and credibility determinations are afforded deference and if supported by competent, substantial evidence, will not be disturbed on appeal.”).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Sunland Hospital/State OF Florida v. Garrett, 415 So. 2d 783 (Fla. 1st DCA 1982)
- DON Harris Plumbing Co., Inc. v. Henderson, 454 So. 2d 745 (Fla. 1st DCA 1984)
- Sheraton BAL Harbour & Ins. Co. of N. Am. v. Platis, 447 So. 2d 987 (Fla. 1st DCA 1984)
- Hopkins v. State, 922 So. 2d 350 (Fla. 5th DCA 2006)