Prejudice Requirement

89 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Nat'l Union Fire Ins. Co. v. Talcott
  931 F.2d 166· 1st Cir.· 1991-04-30 ·cited 2×
  An insurer is not obligated to defend or indemnify an insured under a 'claims made' policy when the claim is not reported within the policy period, without a showing of prejudice.
• Hosp. Support Servs., Ltd. v. Kemper Grp., Inc.
  889 F.2d 1311· 3d Cir.· 1989-11-30 ·cited 2×
  The court held that the rationale of Brakeman v. Potomac Ins. Co., requiring a showing of prejudice to enforce notice of loss provisions, does not apply to suit limitation clauses in insurance policies. Therefore, an insurer need not show prejudice to enforce a timely suit clause
• Gray v. United States
  834 F.2d 967· 11th Cir.· 1987-12-28 ·cited 2×
  The denial of a habeas corpus petition must be vacated and remanded for reconsideration of the claim that counsel was ineffective for failing to file an appeal after being specifically requested to do so.
• State v. McReynolds
  400 So. 3d 865· Fla. 2d DCA· 2025-01-22 ·cited 1×
  A defendant claiming ineffective assistance of counsel for failure to call a witness must demonstrate both deficient performance and prejudice under Strickland v. Washington, requiring a reasonable probability that the result would have been different. Hearsay testimony regarding
• Savoy v. Am. Platinum Prop. & Cas. Ins.
  363 So. 3d 1102· Fla. 4th DCA· 2023-06-21 ·cited 1×
  The appellate court reversed a summary judgment for an insurance company, finding the trial court erred in two key areas. First, the insurer conceded it should have been required to show prejudice from the homeowners' breach of policy conditions. Second, the court found the insur
• State v. Jesus
  351 So. 3d 223· Fla. 2d DCA· 2022-11-30 ·cited 1×
  The appellate court reversed a lower court's decision to vacate a guilty plea based on ineffective assistance of counsel. The lower court failed to apply the correct legal standard when determining if the defendant was prejudiced by counsel's alleged error.
• State v. Clark Mackendrick
  336 So. 3d 873· Fla. 1st DCA· 2022-04-20 ·cited 1×
  Defense counsel's decision not to object to the CPT video in the jury room, failure to redact collateral crime references, and decision not to retain an expert witness constituted reasonable trial strategy rather than deficient performance, and the defendant failed to establish p
• Mills v. State
  312 So. 3d 153· Fla. 1st DCA· 2021-01-13 ·cited 1×
  A postconviction defendant is entitled to an evidentiary hearing on an ineffective assistance of counsel claim unless the motion and record conclusively show the defendant is entitled to no relief; the trial court's finding that the defendant's own allegations refuted the prejudi
• Ortavious Devon Wilson v. State
  311 So. 3d 964· Fla. 1st DCA· 2020-08-07 ·cited 1×
  The appellate court affirmed the denial of a postconviction relief motion. The court held that defense counsel was not ineffective for failing to object to the prosecutor's comments on a partially inaudible video recording during closing arguments, as such comments are permissibl
• Gonzalez v. State
  249 So. 3d 1269· Fla. 1st DCA· 2018-06-22 ·cited 1×
  Although trial counsel may have been deficient in failing to move to suppress testimony from an investigator who unlawfully entered the defendant's home, the defendant cannot demonstrate prejudice because the victim's testimony was overwhelming and corroborated by medical evidenc
• State v. Lane
  528 So. 2d 532· Fla. 2d DCA· 1988-07-20 ·cited 1×
  Florida appellate court reversed trial court's dismissal of criminal case as sanction for state's discovery violation, holding that dismissal is an extreme sanction inappropriate where defendant shows no prejudice and has waived speedy trial.
• Dieuline Alerte v. Wilny Decaus
  Fla. 4th DCA· 2026-04-22
  A trial court abuses its discretion in denying a motion for continuance when the underlying reason is an unforeseeable event, advance notice is provided, no dilatory conduct appears, and the opposing party would suffer no prejudice.
• Parks v. State
  Fla. 2d DCA· 2024-05-15
  A defendant cannot raise a new or materially different ineffective assistance of counsel claim for the first time on appeal from a postconviction motion; such claims must be preserved at the trial level. Additionally, when a defendant admits to counsel that he committed the charg
• Moran v. State
  Fla. 1st DCA· 2024-04-10
  Trial counsel was not ineffective where Moran's claims were either refuted by the trial record or lacked legal merit, and Moran failed to demonstrate a reasonable probability that the outcome would have been different absent counsel's alleged deficiencies.
• Steward v. Sage Software, Inc.
  M.D. Fla.· 2022-09-28
  The court recommended denying the motion to compel arbitration because the defendant waived its right to arbitrate by substantially participating in litigation without asserting the arbitration defense.
• Nixon v. State
  Fla. 1st DCA· 2022-04-06
  Nathan Nixon appeals a conviction for three counts of sexual battery on a victim under age twelve, arguing that his appellate counsel was ineffective for failing to raise certain arguments on direct appeal. The court affirms the conviction and rejects Nixon's ineffective assistan
• Footman v. State
  Fla. 1st DCA· 2022-01-12
  The appellate court affirmed the denial of Justin Footman's postconviction motion, which alleged ineffective assistance of counsel. The court found that Footman's claims were either refuted by the record or that his counsel's actions were strategic and not deficient.
• State v. Downs
  Fla. 2d DCA· 2021-11-12
  The appellate court reversed and remanded a postconviction relief order because the lower court failed to make specific factual findings and legal conclusions. This failure prevented the appellate court from conducting a proper review of the lower court's decision to vacate the d
• Wilson v. State
  Fla. 5th DCA· 2021-10-08
  Trial counsel's pattern of errors, including failure to call an available expert witness to challenge the State's medical testimony and failure to object to improper bolstering testimony, constituted ineffective assistance of counsel sufficient to undermine confidence in the outc
• Johns v. State
  Fla. 5th DCA· 2020-07-31
  Trial counsel's performance in failing to object to trial judge comments at sentencing must be evaluated under the objective Strickland standard, not counsel's subjective perception of whether the comments affected the sentence.
• Jones v. State
  Fla. 5th DCA· 2020-02-28
  A Rule 3.850 motion alleging ineffective assistance of counsel must adequately plead both deficiency in counsel's performance and resulting prejudice, and summary denial is improper when the motion is facially insufficient without opportunity to amend.
• Acevedo-Soto v. State
  Fla. 5th DCA· 2019-09-13
  A trial court must give a defendant an opportunity to amend a facially insufficient Rule 3.850 postconviction motion by adding the required oath before summarily denying it, and must then either attach conclusively refuting record portions or hold an evidentiary hearing on the re
• Knapp v. State
  266 So. 3d 269· Fla. 5th DCA· 2019-03-15
  A defendant is entitled to an evidentiary hearing on an ineffective assistance of counsel claim when the defendant alleges specific facts not conclusively rebutted by the record demonstrating deficient performance and prejudice. The trial court erred in summarily denying the moti
• Harris v. State
  257 So. 3d 153· Fla. 5th DCA· 2018-11-02
  A trial court errs when it summarily denies a motion to amend timely-raised claims in a Rule 3.850 post-conviction motion without allowing amendment, and summary denial is improper when the attached record does not conclusively refute the amended claims.
• Filipkowski v. State
  252 So. 3d 278· Fla. 2d DCA· 2018-06-08
  Trial counsel's failure to advise a defendant entering an open plea that sentences can be imposed consecutively to increase the sentencing range constitutes deficient performance, and such a claim is not conclusively refuted by the record merely because the trial court advised th
• Richard v. Fletcher v. State
  Fla. 5th DCA· 2018-03-19
  Trial counsel's failure to call two witnesses who would have testified about the victim's mother's motive to induce false allegations constitutes ineffective assistance of counsel warranting a new trial.
• Willis v. State
  106 So. 3d 3· Fla. 5th DCA· 2012-12-14
  Florida appellate court affirmed denial of postconviction relief where trial counsel allegedly misadvised defendant about gain time credits, holding defendant cannot show prejudice because his actual sentence (10 years, 85% minimum) was less than the maximum he expected under the
• Tensley v. State
  46 So. 3d 1043· Fla. 2d DCA· 2010-09-24
  The court affirmed the denial of postconviction relief on most grounds but reversed and remanded one speedy trial claim to allow the defendant to amend his allegations to include the required prejudice element.
• Rivera v. State
  16 So. 3d 330· Fla. 4th DCA· 2009-09-16
  The court affirmed the summary denial of two grounds for post-conviction relief but reversed as to a third ground alleging ineffective assistance of counsel regarding youthful offender sentencing eligibility, allowing the defendant an opportunity to cure the pleading deficiency.
• State v. Fraser
  977 So. 2d 607· Fla. 4th DCA· 2007-12-19
  Florida appellate court reversed trial court's grant of post-conviction relief vacating a guilty plea for cocaine possession, holding that an unsworn Rule 3.850 motion must be dismissed and that a defendant seeking relief based on failure to advise of deportation consequences mus
• Ryan's Fam. Steakhouse & United Self Insured Servs. v. Whitlock
  886 So. 2d 247· Fla. 1st DCA· 2004-10-18
  Florida appellate court reversed a workers' compensation judge's exclusion of employer/carrier's evidence (deposition transcripts) as an abuse of discretion where the only stated reason was docket management and the filings were only a few hours late.
• Abernathy v. State
  761 So. 2d 1217· Fla. 2d DCA· 2000-06-30
  The court affirmed the summary denial of Abernathy's Rule 3.850 postconviction motion challenging counsel's advice regarding habitual offender sentencing, finding the claim facially insufficient for failure to allege he would have rejected the plea had proper advice been given.
• State v. Perez
  783 So. 2d 1084· Fla. 3d DCA· 1998-12-09
  Florida's Third District Court of Appeal held that a defect in the charging information was one of form rather than substance, and because the defendant suffered no prejudice and no double jeopardy risk existed, the conviction should be reinstated rather than reversed.
• Minton v. State
  702 So. 2d 638· Fla. 1st DCA· 1997-12-23
  Florida appellate court reversed denial of Rule 3.850 motion for evidentiary hearing on ineffective assistance of counsel claim where trial counsel prevented defendant from testifying, with State conceding error.
• United States v. Nicodean Mark Bilecki and Edna Mae Bilecki
  876 F.2d 1128· 5th Cir.· 1989-06-23
  The dissenting judge would hold that the failure to object to an improperly seated juror did not constitute a waiver because counsel exercised due diligence, and that prejudice should not be a requirement for reversing a conviction based on the denial of a peremptory challenge.
• Zaccagnini v. Streeter
  803 F.2d 27· 1st Cir.· 1986-10-08
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or cause and prejudice for the absence of jury instructions, and prosecutorial error claims were without merit.