TROY LAMONT DAVIS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Zanchez v. State, 84 So. 3d 466 (Fla. 2d DCA 2012)
  …. 2d 868, 870 (Fla. 2d DCA 2004) (“An allegation that trial counsel provided ineffective assistance by failing to file a motion to suppress is a legally sufficient claim, which is not waived by entry of a plea.”). More recently, in Nelson v. State, 996 So. 2d 950, 952 (Fla. 2d DCA 2008), this court examined a situation similar to Ms. Zanchez’s and concluded that a generalized discussion of the motions or defenses that were being waived was insufficient for a determination that the defendant’s rule 3.850 clai…
• Tecoy Marquis Campbell v. State, 139 So. 3d 490 (Fla. 2d DCA 2014)
  …ea.” Spencer v. State, 889 So. 2d 868, 870 (Fla. 2d DCA 2004). However, a movant must still allege prejudice, i.e., that there is a reasonable probability that, but for counsel’s errors, he would have insisted on going to trial. See Nelson v. State, 996 So. 2d 950, 952 (Fla. 2d DCA 2008). While Campbell failed to allege that he was prejudiced by counsel’s failure to file a motion to suppress, he cannot show that counsel’s performance was deficient. The K-9 dog’s alert to his vehicle provided probable cause f…
• Hayes v. State, 120 So. 3d 640 (Fla. 2d DCA 2013)
  …4 So. 3d 466, 468 (Fla. 2d DCA 2012) (holding that “a generalized discussion of the motions or defenses that were being waived” did not preclude a claim of ineffective assistance of counsel for failing to move to suppress evidence); Nelson v. State, 996 So. 2d 950, 952 (Fla. 2d DCA 2008) (holding that the defendant’s general acknowledgments at the plea colloquy did not establish that his claim of ineffective assistance of counsel for failure to move to suppress statements was an attempt to go behind the plea)…