ARTHUR JAMES
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-07-09
No. 18-4179
275 So. 3d 250 Florida District Court of Appeal, First District (2019) Positive Treatment
Cited by 5 cases

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Holding

A petition alleging ineffective assistance of appellate counsel should be denied under the standards established in Knight v. State.


Headnotes

[1] Ineffective assistance of appellate counsel claims in Florida are evaluated under the framework established in Knight v. …

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Facts & Procedural History

Arthur James filed a pro se petition with the First District Court of Appeal alleging that his appellate counsel provided ineffective assistance.…

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Opinion of the Court

Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction.

July 9, 2019 PER CURIAM.

DENIED. See Knight v. State, 267 So. 3d 38 (Fla. 1st DCA 2018), review granted, No. SC18-309 (Fla. June 25, 2018).

WETHERELL, OSTERHAUS, and WINOKUR, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Smart v. State (Fla. 1st DCA 2019)
    …The petition is treated as a petition for writ of habeas corpus and is dismissed. See Baker v. State, 878 So. 2d 1236 (Fla. 2004). Petitioner is unable to show manifest injustice to allow a writ of habeas corpus to issue because in Knight v. State, 267 So. 3d 38 (Fla. 1st DCA 2018), review granted, SC18-309, 2018 WL 3097727 (Fla. Jun. 25, 2018), we held harmless error applies to a claim that the trial court failed to instruct on attempted voluntary manslaughter as a necessary lesser included offense of atte…
  • James v. State, 275 So. 3d 250 (Fla. 1st DCA 2019)
    …PER CURIAM. DENIED. See Knight v. State, 267 So. 3d 38 (Fla. 1st DCA 2018), review granted, No. SC18-309 (Fla. June 25, 2018). WETHERELL, OSTERHAUS, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.…
  • Reggie Eugene Allen v. State, 298 So. 3d 704 (Fla. 1st DCA 2020)
    …is Court has previously criticized the jury-pardon doctrine and certified the question to the supreme court. See Riley v. State, 25 So. 3d 1 (Fla. 1st DCA 2008), review dismissed, State v. Riley, 26 So. 3d 1288 (Fla. 2009); see also Knight v. State, 267 So. 3d 38 (Fla. 1st DCA 2018), review granted, 286 So. 3d 147 (Fla. 2019). The supreme court recently receded from the jury pardon doctrine to “more closely align Florida with the federal courts and other jurisdictions . . . .” Knight v. State, 286 So. 3d 147…

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