ROBIN PARKER
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-03-27
No. 2022-4057
2024 FL 3316 Florida District Court of Appeal, First District (2024)

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Holding

Ineffective assistance of appellate counsel cannot be argued on habeas corpus where the issue was not preserved for appeal.


Headnotes

[1] Ineffective assistance of appellate counsel cannot be raised on habeas corpus unless the claimed deficiency was preserved for appeal through appropriate motions or object…

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Key Quotes

“ineffective assistance of [appellate] counsel cannot be argued where the issue was not preserved for appeal”

Freeman v. State, 761 So. 2d 1055, 1069 (Fla. 2000)

Facts & Procedural History

Robin Parker filed a petition for a writ of habeas corpus in the First District Court of Appeal, challenging appellate counsel's representation.…

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Opinion of the Court

March 27, 2024 PER CURIAM.

DENIED. See Freeman v. State, 761 So. 2d 1055, 1069 (Fla. 2000) (holding that “ineffective assistance of [appellate] counsel cannot be argued where the issue was not preserved for appeal”). See also Medina v. Dugger, 586 So. 2d 317, 318 (Fla. 1991) (same).

LEWIS, WINOKUR, and M.K. THOMAS, JJ., concur.

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


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